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U.S. Code as of:
01/19/04
Section 1446. Restriction on participation
(a) Notwithstanding section 1441 of this title, if a person -
(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;
and thereafter dies, his beneficiaries are not entitled to the
annuities provided under this subchapter until they give proof to
the department 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 or 13 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), from participating in
the annuities provided under this subchapter, the amount withheld
from the elector's retired or retainer pay 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.
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