---
kind: "section"
citation: "10 U.S.C. § 1446"
title: "10"
title_heading: "Armed Forces"
number: "1446"
heading: "Restriction on participation"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1446"
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"
---

# §1446. Restriction on participation

- (a) Notwithstanding [section 1441 of this title](/usc/10/1441.md), if a [person](/usc/10/2700.md?p=2)—
  - (1) has made an election under this subchapter; and
  - (2) is retired for physical disability before he completes 19 years of service for which he is entitled to credit in the computation of his basic [pay](/usc/10/101.md?p=a-15);

  and thereafter dies, his beneficiaries are not entitled to the annuities provided under this subchapter until they give proof to the [department](/usc/10/101.md?p=a-6) concerned that they are not eligible for benefits under chapter 11 or 13 of title 38. If the beneficiaries are not eligible for benefits under chapter [11](/usc/38/chptII/ch11.md) or [13](/usc/38/chptII/ch13.md) of title 38, the annuity shall begin on the first day of the month in which the death occurs.

- (b) Whenever the beneficiaries on whose behalf the election was made are restricted, under [subsection (a)](#a), from participating in the annuities provided under this subchapter, the amount withheld from the elector’s retired or retainer [pay](/usc/10/101.md?p=a-15) as a result of an election under this subchapter shall be refunded to the beneficiaries, less the amount of any annuities paid under this subchapter, and in either case without interest.

## Source credit

(Added Pub. L. 87–381, § 6(1), Oct. 4, 1961, 75 Stat. 811; amended Pub. L. 90–485, § 1(8), Aug. 13, 1968, 82 Stat. 754; Pub. L. 92–425, § 1(2)(A), Sept. 21, 1972, 86 Stat. 706.)

## Notes

### Editorial Notes

### Amendments

1972—Pub. L. 92–425 substituted “subchapter” for “chapter” wherever appearing.

1968—Subsec. (a)(2). Pub. L. 90–485 substituted “19” for “18”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1968 Amendment

Amendment by Pub. L. 90–485 effective on first day of third calendar month following Aug. 13, 1968, see section 6 of Pub. L. 90–485, set out as a note under section 1431 of this title.