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119th Congress

Title 10 — Armed Forces

Part II · Chapter 56 — Department of Defense Medicare-Eligible Retiree Health Care Fund

§ 1111. Establishment and purpose of Fund; definitions; authority to enter into agreements

Statutory text

(a)

There is established on the books of the Treasury a fund to be known as the Department of Defense Medicare-Eligible Retiree Health Care Fund (hereinafter in this chapter referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance on an actuarially sound basis liabilities of the uniformed services under uniformed services retiree health care programs for medicare-eligible beneficiaries.

(b)

In this chapter:

(1)

The term “uniformed services retiree health care programs” means the provisions of this title or any other provision of law creating an entitlement to or eligibility for health care for a member or former member of a participating uniformed service who is entitled to retired or retainer pay, and an eligible dependent under such program.

(2)

The term “eligible dependent” means a dependent described in section 1076(a)(2) (other than a dependent of a member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of this title.

(3)

The term “medicare-eligible”, with respect to any person, means entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).

(4)

The term “participating uniformed service” means the Army, Navy, Air Force, Marine Corps, and Space Force, and any other uniformed service that is covered by an agreement entered into under subsection (c).

(5)

The term “members of the uniformed services on active duty” does not include a cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy or a midshipman at the United States Naval Academy.

(c)

The Secretary of Defense shall enter into an agreement with each other administering Secretary (as defined in section 1072(3) of this title) for participation in the Fund by a uniformed service under the jurisdiction of that Secretary. The agreement shall require that Secretary to determine contributions to the Fund on behalf of the members of the uniformed service under the jurisdiction of that Secretary in a manner comparable to the determination with respect to contributions to the Fund made by the Secretary of Defense under section 1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a).

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Enacted · 10 U.S.C. § 1111

    Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–179

    Source evidence

    Code source credit
    Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–179

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

  2. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(e)(2) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 1111

    Pub. L. 107–107, § 711(e)(2), inserted “; authority to enter into agreements” after “definitions” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 107–107, § 711(e)(2), inserted “; authority to enter into agreements” after “definitions” in section catchline.

    Enacted provision · exact public law section
    (2) The heading for section 1111 of such title is amended to read as follows: “§ 1111. Establishment and purpose of Fund; definitions; authority to enter into agreements”.

  3. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 1048(a)(12) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 1111(a)

    Pub. L. 107–107, § 1048(a)(12), substituted “hereinafter” for “hereafter”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107, § 1048(a)(12), substituted “hereinafter” for “hereafter”.

    Enacted provision · exact public law section
    (12) Sections 1111(a) and 1114(a)(l) are each amended by striking “hereafter” and inserting “hereinafter”.

  4. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(e)(1) · 115 Stat. 1012

    Substituted · 10 U.S.C. § 1111(a)

    Pub. L. 107–107, § 711(e)(1), substituted “uniformed services retiree health care programs” for “Department of Defense retiree health care programs”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–107, § 711(e)(1), substituted “uniformed services retiree health care programs” for “Department of Defense retiree health care programs”.

    Enacted provision · exact public law section
    (1) Sections 1111(a), 1115(c)(2), 1116(a)(1)(A), and 1116(a)(2)(A) of such title are amended by striking “Department of Defense retiree health care programs” and inserting “uniformed services retiree health care programs”.

  5. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(a) · 115 Stat. 1012

    Amended · 10 U.S.C. § 1111(b)

    Pub. L. 107–107, § 711(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In this chapter:

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 107–107, § 711(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In this chapter:

    “(1) The term ‘Department of Defense retiree health care programs for medicare-eligible beneficiaries’ means the provisions of this title or any other provision of law creating entitlement to health care for a medicare-eligible member or former member of the uniformed services entitled to retired or retainer pay, or a medicare-eligible dependent of a member or former member of the uniformed services entitled to retired or retainer pay. “(2) The term ‘medicare-eligible’ means entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). “(3) The term ‘dependent’ means a dependent (as such term is defined in section 1072 of this title) described in section 1076(b)(1) of this title.”

    Enacted provision · exact public law section
    (a) Clarification Regarding Coverage.— Subsection (b) of section 1111 of title 10, United States Code, is amended to read as follows: “(b) In this chapter: “(1) The term ‘uniformed services retiree health care programs’ means the provisions of this title or any other provision of law creating an entitlement to or eligibility for health care for a member or former member of a participating uniformed service who is entitled to retired or retainer pay, and an eligible dependent under such program. “(2) The term ‘eligible dependent’ means a dependent described in section 1076(a)(2) (other than a dependent of a member on active duty), 1076(b), 1086(c)(2), or 1086(c)(3) of this title. “(3) The term ‘medicare-eligible’, with respect to any person, means entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.). “(4) The term ‘participating uniformed service’ means the Army, Navy, Air Force, and Marine Corps, and any other uniformed service that is covered by an agreement entered into under subsection (c).”.

  6. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(b)(1) · 115 Stat. 1012

    Added · 10 U.S.C. § 1111(c)

    Pub. L. 107–107, § 711(b)(1), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–107, § 711(b)(1), added subsec. (c).

    Enacted provision · exact public law section
    (1) Section 1111 of such title is further amended by adding at the end the following new subsection: “(c) The Secretary of Defense may enter into an agreement with any other administering Secretary (as defined in section 1072(3) of this title) for participation in the Fund by a uniformed service under the jurisdiction of that Secretary. Any such agreement shall require that Secretary to determine contributions to the Fund on behalf of the members of the uniformed service under the jurisdiction of that Secretary in a manner comparable to the determination with respect to contributions to the Fund made by the Secretary of Defense under section 1116 of this title, and such administering Secretary may make such contributions.”.

  7. Pub. L. 107–314 div. A title VII § 704(b) · 116 Stat. 2458

    1. Substituted · 10 U.S.C. § 1111(c)

      Pub. L. 107–314 substituted “shall enter into an agreement with each other administering Secretary” for “may enter into an agreement with any other administering Secretary” in second sentence

    2. Substituted · 10 U.S.C. § 1111(c)

      Pub. L. 107–314 substituted “The” for “Any such” in second sentence

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 107–314 substituted “shall enter into an agreement with each other administering Secretary” for “may enter into an agreement with any other administering Secretary” in first sentence and “The” for “Any such” in second sentence.

    Enacted provision · exact public law section
    (b) Mandatory Participation of Other Uniformed Services.— Section 1111(c) of such title is amended— (1) in the first sentence, by striking “may enter into an agreement with any other administering Secretary” and inserting “shall enter into an agreement with each other administering Secretary”; and (2) in the second sentence, by striking “Any such” and inserting “The”.

  8. Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 div. A title VII § 725(c)(1) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 1111(c)

    Pub. L. 108–375 substituted “1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a)” for “1116 of this title, and such administering Secretary may make such contributions”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–375 substituted “1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a)” for “1116 of this title, and such administering Secretary may make such contributions”.

    Enacted provision · exact public law section
    (1) Section 1111(c) of title 10, United States Code, is amended in the last sentence by striking “1116” and all that follows through the end of the sentence and inserting “1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a).”.

  9. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 592(a)(1) · 120 Stat. 2083

    Substituted · 10 U.S.C. § 1111(a)

    Pub. L. 109–364, § 592(a)(1), substituted “of the uniformed services” for “of the Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 109–364, § 592(a)(1), substituted “of the uniformed services” for “of the Department of Defense”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “of the Department of Defense” and inserting “of the uniformed services”; and

    Effective date note
    Pub. L. 109–364, div. A, title V, § 592(c), Oct. 17, 2006, 120 Stat. 2234, provided that: “The amendments made by this section [amending this section and section 1115 of this title] shall take effect with respect to payments under chapter 56 of title 10, United States Code, beginning with fiscal year 2008.”

  10. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 592(a)(2) · 120 Stat. 2083

    Added · 10 U.S.C. § 1111(b)(5)

    Pub. L. 109–364, § 592(a)(2), added par. (5)

    Source evidence

    Code amendment note
    Subsec. (b)(5). Pub. L. 109–364, § 592(a)(2), added par. (5).

    Enacted provision · exact public law section
    (2) in subsection (b), by adding at the end the following new paragraph: “(5) The term ‘members of the uniformed services on active duty’ does not include a cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy or a midshipman at the United States Naval Academy.” .

    Effective date note
    Pub. L. 109–364, div. A, title V, § 592(c), Oct. 17, 2006, 120 Stat. 2234, provided that: “The amendments made by this section [amending this section and section 1115 of this title] shall take effect with respect to payments under chapter 56 of title 10, United States Code, beginning with fiscal year 2008.”

  11. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title IX § 924(b)(1)(I) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 1111(b)(4)

    Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”.

    Enacted provision · exact public law section
    (I) Section 1111(b)(4).

12 of 12 references resolved to an enrolled provision

Editorial Notes

References in Text

The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title XVIII of the Act is classified generally to part A (§ 1395c et seq.) of subchapter XVIII of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Amendments2001–2021 · 5 rounds

2021

Subsec. (b)(4). Pub. L. 116–283 substituted “Marine Corps, and Space Force” for “and Marine Corps”.

2006

Subsec. (a). Pub. L. 109–364, § 592(a)(1), substituted “of the uniformed services” for “of the Department of Defense”.

Subsec. (b)(5). Pub. L. 109–364, § 592(a)(2), added par. (5).

2004

Subsec. (c). Pub. L. 108–375 substituted “1115(b) of this title, and such contributions shall be paid into the Fund as provided in section 1116(a)” for “1116 of this title, and such administering Secretary may make such contributions”.

2002

Subsec. (c). Pub. L. 107–314 substituted “shall enter into an agreement with each other administering Secretary” for “may enter into an agreement with any other administering Secretary” in first sentence and “The” for “Any such” in second sentence.

2001

Pub. L. 107–107, § 711(e)(2), inserted “; authority to enter into agreements” after “definitions” in section catchline.

Subsec. (a). Pub. L. 107–107, § 1048(a)(12), substituted “hereinafter” for “hereafter”.

Pub. L. 107–107, § 711(e)(1), substituted “uniformed services retiree health care programs” for “Department of Defense retiree health care programs”.

Subsec. (b). Pub. L. 107–107, § 711(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “In this chapter:

“(1) The term ‘Department of Defense retiree health care programs for medicare-eligible beneficiaries’ means the provisions of this title or any other provision of law creating entitlement to health care for a medicare-eligible member or former member of the uniformed services entitled to retired or retainer pay, or a medicare-eligible dependent of a member or former member of the uniformed services entitled to retired or retainer pay.

“(2) The term ‘medicare-eligible’ means entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).

“(3) The term ‘dependent’ means a dependent (as such term is defined in section 1072 of this title) described in section 1076(b)(1) of this title.”

Subsec. (c). Pub. L. 107–107, § 711(b)(1), added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title V, § 592(c), , 120 Stat. 2234, provided that: “The amendments made by this section [amending this section and section 1115 of this title] shall take effect with respect to payments under chapter 56 of title 10, United States Code, beginning with fiscal year 2008.”

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VII, § 725(d), , 118 Stat. 1992, provided that: “The amendments made by this section [amending this section and sections 1115 and 1116 of this title] shall take effect on .”

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VII, § 711(f), , 115 Stat. 1167, provided that: “The amendments made by this section [amending this section and sections 1112, 1113, 1115, and 1116 of this title] shall take effect as if included in the enactment of chapter 56 of title 10, United States Code, by section 713(a)(1) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–179).”

Payment of Contributions for the Uniformed Service of the Public Health Service

Pub. L. 108–7, div. F, title II, , 117 Stat. 261, provided in part: “That notwithstanding any other provision of law, contributions authorized by 10 U.S.C. 1111 for the Uniformed Service of the Public Health Service shall be paid in fiscal year 2003 and thereafter from the Department of Health and Human Services’ Retirement Pay and Medical Benefits for Commissioned Officers account without charges billed to the Indian Health Service”.

Credits

2000–2021 · 6 acts
  1. 2000Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], , 114 Stat. 1654, 1654A–179
  2. 2001amended Pub. L. 107–107, div. A, title VII, § 711(a), (b)(1), (e)(1), (2), title X, § 1048(a)(12), , 115 Stat. 1164–1166, 1223
  3. 2002Pub. L. 107–314, div. A, title VII, § 704(b), , 116 Stat. 2584
  4. 2004Pub. L. 108–375, div. A, title VII, § 725(c)(1), , 118 Stat. 1992
  5. 2006Pub. L. 109–364, div. A, title V, § 592(a), , 120 Stat. 2233
  6. 2021Pub. L. 116–283, div. A, title IX, § 924(b)(1)(I), , 134 Stat. 3820.
Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], , 114 Stat. 1654, 1654A–179; amended Pub. L. 107–107, div. A, title VII, § 711(a), (b)(1), (e)(1), (2), title X, § 1048(a)(12), , 115 Stat. 1164–1166, 1223; Pub. L. 107–314, div. A, title VII, § 704(b), , 116 Stat. 2584; Pub. L. 108–375, div. A, title VII, § 725(c)(1), , 118 Stat. 1992; Pub. L. 109–364, div. A, title V, § 592(a), , 120 Stat. 2233; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(I), , 134 Stat. 3820.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s1111