[Code of Federal Regulations]

[Title 32, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 32CFR48.405]



[Page 315]

 

                       TITLE 32--NATIONAL DEFENSE

 

              CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE

 

PART 48_RETIRED SERVICEMAN'S FAMILY PROTECTION PLAN--Table of Contents

 

                   Subpart D_Reduction of Retired Pay

 

Sec.  48.405  Action upon removal from temporary disability retired list.



    (a) Any member on the temporary disability retired list established 

pursuant to title 10, United States Code, chapter 61, who has elected to 

receive reduced retired pay in order to provide one or more of the 

annuities specified in the Plan, and who is subsequently removed from 

the list due to any reason other than permanent retirement, shall have 

refunded to him a sum which represents the difference between the amount 

by which his retired pay has been reduced and the cost of an amount of 

term insurance which is equal to the protection provided his dependents 

during the period he was on the temporary disability retired list.

    (b) If the member concerned is returned to active duty, his election 

as previously made will continue or he may change or revoke the election 

as provided in Sec.  48.204.

    (c) Time creditable for the purpose of the two year interval 

required to make a change, revocation or new election valid includes 

service before, during, and after temporary disability retirement. (See 

Sec. Sec.  48.203 and 48.204 and Comptroller Decision B-144158, Dec. 23, 

1960.) Active duty after removal from a temporary disability retired 

list is a necessity in such a case.