---
kind: "section"
citation: "10 U.S.C. § 1433"
title: "10"
title_heading: "Armed Forces"
number: "1433"
heading: "Mental incompetency of member"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1433"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 73 — Annuities Based on Retired or Retainer Pay"
  - "Subchapter I — Retired Serviceman’s Family Protection Plan"
---

# §1433. Mental incompetency of member


If a [person](/usc/10/2700.md?p=2) who would be entitled to make an election under section [1431](/usc/10/1431.md) or [1432](/usc/10/1432.md) of this title is determined to be mentally incompetent by [medical officers](/usc/10/101.md?p=b-14) of the armed force concerned or of the Department of Veterans Affairs, or by a court of competent jurisdiction, and for that reason cannot make the election within the prescribed time, the [Secretary concerned](/usc/10/2801.md?p=c-5) may make an election for that [person](/usc/10/2700.md?p=2) upon the request of his [spouse](/usc/10/101.md?p=g-5) or, if there is no [spouse](/usc/10/101.md?p=g-5), of his children who would be eligible to be made beneficiaries under [section 1435 of this title](/usc/10/1435.md). If the [person](/usc/10/2700.md?p=2) for whom the [Secretary](/usc/10/4951.md?p=3) has made an election is later determined to be mentally competent by [medical officers](/usc/10/101.md?p=b-14) of the Department of Veterans Affairs or by a court of competent jurisdiction, he may, within 180 days after that determination, change or revoke that election. However, deductions made from his retired or retainer [pay](/usc/10/101.md?p=a-15) before that date may not be refunded.


## Source credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 109; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), Nov. 29, 1989, 103 Stat. 1602.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1433 | 37:372 (less (a) and (b)). | Aug. 8, 1953, ch. 393, § 3 (less (a) and (b)), 67 Stat. 502. |

The first 19 words are substituted for 37:372(c) (1st 9 words). The words “who would be eligible to be made beneficiaries under section 1435 of this title” are inserted to reflect the limitations in 37:371(f). The words “for that reason cannot” are substituted for the words “because of such mental incompetency is incapable of”. The words “or is adjudged mentally incompetent”, “provided for in this section”, and “where appropriate is subsequently adjudged mentally competent” are omitted as surplusage. The last sentence is substituted for 37:372(c) (last sentence).

### Editorial Notes

### Amendments

1989—Pub. L. 101–189 substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places.