# 26 U.S.C. § 122: Certain reduced uniformed services retirement pay Source: OLRC release point 119-134 . Cite pinpoints as 26 U.S.C. § 122(a)(1). ## § 122(a) General rule In the case of a member or former member of the uniformed services of the United States, gross income does not include the amount of any reduction in his retired or retainer pay pursuant to the provisions of chapter 73 of title 10, United States Code. ## § 122(b) Special rule **§ 122(b)(1) Amount excluded from gross income.** In the case of any individual referred to in subsection (a), all amounts received as retired or retainer pay shall be excluded from gross income until there has been so excluded an amount equal to the consideration for the contract. The preceding sentence shall apply only to the extent that the amounts received would, but for such sentence, be includible in gross income. **§ 122(b)(2) Consideration for the contract.** For purposes of paragraph (1) and section 72(n), the term “consideration for the contract” means, in respect of any individual, the sum of— **§ 122(b)(2)(A)** the total amount of the reductions before January 1, 1966, in his retired or retainer pay by reason of an election under chapter 73 of title 10 of the United States Code, and **§ 122(b)(2)(B)** any amounts deposited at any time by him pursuant to section 1438 or 1452(d) of such title 10. ## Regulations - [Treas. Reg. § 1.122-1](/26/reg/1.122-1.md): Applicable rules relating to certain reduced uniformed services retirement pay. (interprets § 122) ## Connections Cites: § 72 Annuities; certain proceeds of endowment and life insurance contracts Cited by: § 72 Annuities; certain proceeds of endowment and life insurance contracts ## Prior provisions - A prior section 122 was renumbered section 140 of this title. ## Amendments - 1966-03-08: [Pub. L. 89-365](/26/act/89-365.md), 80 Stat. 32 - 1974-09-02: [Pub. L. 93-406](/26/act/93-406.md), 88 Stat. 992 - 2014-12-19: [Pub. L. 113-295](/26/act/113-295.md), 128 Stat. 4040