(a)When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by section
8312 of this title, to the extent provided by that section, or violated section
8315 of this title—
(1)the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2)deposits made under section
1438 of title
10 or section 5 of the Uniformed Services Contingency Option Act of 1953 (67 Stat. 504) to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits;
shall be refunded, on appropriate application therefor—
(A)to the individual;
(B)if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C)if a beneficiary is not designated, in the order of precedence prescribed by section
8342(c) of this title or section
2771 of title
10, as the case may be.
(b)A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
(1)if the individual was convicted of an offense named by section
8312(b) of this title, or violated section
8315(a)(1) of this title, for the period after the conviction or commission of the violation, or after September 1, 1954, whichever is later; or
(2)if the individual was convicted of an offense named by section
8312(c) of this title, or violated section
8315(a)(2) of this title, for the period after the conviction or commission of the violation, or after September 26, 1961, whichever is later.
This section is reorganized for clarity and conciseness.
The words “and section
3282 of Title
18” in former section
2284(a) are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5 of the Uniform Services Contingency Option Act of 1953 (67 Stat. 504), referred to in text, is covered by section
1438 of Title
10, Armed Forces.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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