Skip to content

Title 10 — Armed Forces

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

§ 1115. Determination of contributions to the Fund

Statutory text

(a)

The Board shall determine the amount that is the present value (as of ) of future benefits payable from the Fund that are attributable to service in the participating uniformed services performed before . That amount is the original unfunded liability of the Fund. The Board shall determine the period of time over which the original unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original unfunded liability in accordance with such schedule shall be made as provided in section 1116 of this title.

(b)

The Secretary of Defense shall determine, before the beginning of each fiscal year after , the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2). That amount shall be the sum of the following:

(1)

The product of—

(A)

the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and

(B)

the expected average force strength during that fiscal year for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title.

(2)

The product of—

(A)

the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and

(B)

the expected average force strength during that fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense who are not otherwise described in paragraph (1)(B).

(c)
(1)

Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of the Fund. Each such actuarial valuation shall include—

(A)

a determination (using the aggregate entry-age normal cost method) of a single level dollar amount for members of the participating uniformed services on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title; and

(B)

a determination (using the aggregate entry-age normal cost method) of a single level dollar amount for members of the Selected Reserve of the participating uniformed services who are not otherwise described by subparagraph (A).

Such single level dollar amounts shall be used for the purposes of subsection (b). The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.

(2)

If at the time of any such valuation there has been a change in benefits under the uniformed services retiree health care programs for medicare-eligible beneficiaries that has been made since the last such valuation and such change in benefits increases or decreases the present value of amounts payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the amortization of the cumulative unfunded liability (or actuarial gain to the Fund) created by such change and any previous such changes so that the present value of the sum of the amortization payments (or reductions in payments that would otherwise be made) equals the cumulative increase (or decrease) in the present value of such amounts.

(3)

If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or loss to the Fund created by such change in assumptions and any previous such changes in assumptions through an increase or decrease in the payments that would otherwise be made to the Fund.

(4)

If at the time of any such valuation the Secretary of Defense determines that, based upon the Fund’s actuarial experience (other than resulting from changes in benefits or actuarial assumptions) since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or loss to the Fund created by such actuarial experience and any previous actuarial experience through an increase or decrease in the payments that would otherwise be made to the Fund.

(5)

Contributions to the Fund in accordance with amortization schedules under paragraphs (2), (3), and (4) shall be made as provided in section 1116 of this title.

(d)

All determinations under this section shall be made using methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and medical inflation) and in accordance with generally accepted actuarial principles and practices.

(e)

The Secretary of Defense shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund.

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. § 1115

    Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–181

    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–181

    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(b)(3)(A) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 1115(a)

    Pub. L. 107–107, § 711(b)(3)(A), inserted “participating” before “uniformed services”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–107, § 711(b)(3)(A), inserted “participating” before “uniformed services”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting “participating” before “uniformed services”;

  3. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(b)(3)(B) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 1115(b)(1)(A)(ii); 10 U.S.C. § 1115(b)(1)(B)(ii)

    Pub. L. 107–107, § 711(b)(3)(B), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A)(ii), (B)(ii). Pub. L. 107–107, § 711(b)(3)(B), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

    Enacted provision · exact public law section
    (B) in subparagraphs (A)(ii) and (B)(ii) of subsection (b)(1), by inserting “under the jurisdiction of the Secretary of Defense” after “uniformed services”;

  4. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(b)(3)(C) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 1115(b)(2)

    Pub. L. 107–107, § 711(b)(3)(C), inserted “(or to the other executive department having jurisdiction over the participating uniformed service)” after “Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–107, § 711(b)(3)(C), inserted “(or to the other executive department having jurisdiction over the participating uniformed service)” after “Department of Defense”.

    Enacted provision · exact public law section
    (C) in subsection (b)(2), by inserting “(or to the other executive department having jurisdiction over the participating uniformed service)” after “Department of Defense”; and

  5. National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 § 711(b)(3)(D) · 115 Stat. 1012

    Inserted · 10 U.S.C. § 1115(c)(1)(A); 10 U.S.C. § 1115(c)(1)(B)

    Pub. L. 107–107, § 711(b)(3)(D), inserted “participating” before “uniformed services”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A), (B). Pub. L. 107–107, § 711(b)(3)(D), inserted “participating” before “uniformed services”.

    Enacted provision · exact public law section
    (D) in subparagraphs (A) and (B) of subsection (c)(1), by inserting “participating” before “uniformed services”.

  6. National Defense Authorization Act for Fiscal Year 2002

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

    Substituted · 10 U.S.C. § 1115(c)(2)

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

    Source evidence

    Code amendment note
    Subsec. (c)(2). 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”.

  7. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 722(c) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 1115(a)

    Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Subsections (a) and (c)(5) of section 1115 of such title are amended by striking “section 1116(b) of this title” and inserting “section 1116(c) of this title”.

  8. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 722(a) · 117 Stat. 1392

    Inserted · 10 U.S.C. § 1115(c)(1)

    Pub. L. 108–136, § 722(a), inserted at end of concluding provisions “The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–136, § 722(a), inserted at end of concluding provisions “The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.”

    Enacted provision · exact public law section
    (a) Separate Periodic Actuarial Valuation for Single Uniformed Service.— Section 1115(c) of title 10, United States Code, is amended by adding at the end of paragraph (1) the following: “The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.”.

  9. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1045(a)(3) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 1115(c)(1)(B)

    Pub. L. 108–136, § 1045(a)(3), substituted “(other than members” for “and other than members”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 108–136, § 1045(a)(3), substituted “(other than members” for “and other than members”.

    Enacted provision · exact public law section
    (3) Section 1115(c)(1)(B) is amended by striking “and other than members” and inserting “(other than members”.

  10. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 722(c) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 1115(c)(5)

    Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”.

    Enacted provision · exact public law section
    (c) Conforming Amendment.— Subsections (a) and (c)(5) of section 1115 of such title are amended by striking “section 1116(b) of this title” and inserting “section 1116(c) of this title”.

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

    Pub. L. 108–375 § 725(c)(2) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 1115(a)

    Pub. L. 108–375, § 725(c)(2), substituted “1116” for “1116(c)”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–375, § 725(c)(2), substituted “1116” for “1116(c)”.

    Enacted provision · exact public law section
    (2) Section 1115(a) of such title is amended by striking “1116(c)” and inserting “1116”.

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

    Pub. L. 108–375 § 725(c)(3) · 118 Stat. 1811

    1. Substituted · 10 U.S.C. § 1115(b)

      Pub. L. 108–375, § 725(c)(3), substituted “The Secretary of Defense shall determine, before the beginning of each fiscal year after September 30, 2005, the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).” for “(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title.”

    2. Redesignated · 10 U.S.C. § 1115(b)

      Pub. L. 108–375, § 725(c)(3), redesignated subpar. (A) as par. (1) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (1)

    3. Redesignated · 10 U.S.C. § 1115(b)

      Pub. L. 108–375, § 725(c)(3), redesignated subpar. (B) as par. (2) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (2)

    4. Substituted · 10 U.S.C. § 1115(b)

      Pub. L. 108–375, § 725(c)(3), substituted “paragraph (1)(B)” for “subparagraph (A)(ii)” in par. (2)(B)

    5. Struck · 10 U.S.C. § 1115(b)

      Pub. L. 108–375, § 725(c)(3), struck out former par. (2) which read as follows: “The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–375, § 725(c)(3), substituted “The Secretary of Defense shall determine, before the beginning of each fiscal year after September 30, 2005, the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).” for “(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title.”, redesignated subpar. (A) as par. (1) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (1), redesignated subpar. (B) as par. (2) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (2), substituted “paragraph (1)(B)” for “subparagraph (A)(ii)” in par. (2)(B), and struck out former par. (2) which read as follows: “The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.”

    Enacted provision · exact public law section
    (3) Section 1115(b) of such title is amended— (A) by striking “(1) The Secretary of Defense” and all that follows through “of this title.” and inserting “The Secretary of Defense shall determine, before the beginning of each fiscal year after September 30, 2005, the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).”; (B) by striking paragraph (2); (C) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively; (D) in each of paragraphs (1) and (2), as so redesignated, by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (E) in paragraph (2)(B), as so redesignated, by striking “subparagraph (A)(ii)” and inserting “paragraph (1)(B)”.

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

    Pub. L. 108–375 § 725(c)(4) · 118 Stat. 1811

    Struck · 10 U.S.C. § 1115(c)(1)

    Pub. L. 108–375, § 725(c)(4), struck out “and section 1116(a) of this title” after “subsection (b)” in concluding provisions

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 108–375, § 725(c)(4), struck out “and section 1116(a) of this title” after “subsection (b)” in concluding provisions.

    Enacted provision · exact public law section
    (4) Section 1115(c)(1) of such title is amended by striking “and section 1116(a) of this title”.

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

    Pub. L. 108–375 § 725(c)(5) · 118 Stat. 1811

    Substituted · 10 U.S.C. § 1115(c)(5)

    Pub. L. 108–375, § 725(c)(5), substituted “1116” for “1116(c)”

    Source evidence

    Code amendment note
    Subsec. (c)(5). Pub. L. 108–375, § 725(c)(5), substituted “1116” for “1116(c)”.

    Enacted provision · exact public law section
    (5) Section 1115(c)(5) of such title is amended by striking “1116(c)” and inserting “1116”.

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

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

    Substituted · 10 U.S.C. § 1115(b)(1)(B)

    Pub. L. 109–364, § 592(b)(1)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only)”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B). Pub. L. 109–364, § 592(b)(1)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only)”.

    Enacted provision · exact public law section
    (A) in paragraph (1)(B), by striking “on active duty” and all that follows through “training only)” and inserting the following: “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title”; and

    Effective date note
    Amendment by Pub. L. 109–364 effective with respect to payments under this chapter beginning with fiscal year 2008, see section 592(c) of Pub. L. 109–364, set out as a note under section 1111 of this title.

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

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

    1. Substituted · 10 U.S.C. § 1115(b)(2)(B)

      Pub. L. 109–364, § 592(b)(1)(B), substituted “Selected Reserve” for “Ready Reserve”

    2. Struck · 10 U.S.C. § 1115(b)(2)(B)

      Pub. L. 109–364, § 592(b)(1)(B), struck out “(other than members on full-time National Guard duty other than for training)” after “Secretary of Defense”

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 109–364, § 592(b)(1)(B), substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “Secretary of Defense”.

    Enacted provision · exact public law section
    (B) in paragraph (2)(B)— (i) by striking “Ready Reserve” and inserting “Selected Reserve”; and (ii) by striking “(other than members on full-time National Guard duty other than for training)”; and

    Effective date note
    Amendment by Pub. L. 109–364 effective with respect to payments under this chapter beginning with fiscal year 2008, see section 592(c) of Pub. L. 109–364, set out as a note under section 1111 of this title.

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

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

    Substituted · 10 U.S.C. § 1115(c)(1)(A)

    Pub. L. 109–364, § 592(b)(2)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only)”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 109–364, § 592(b)(2)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only)”.

    Enacted provision · exact public law section
    (A) in paragraph (1)(A), by striking “on active duty” and all that follows through “training only)” and inserting the following: “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title”; and

    Effective date note
    Amendment by Pub. L. 109–364 effective with respect to payments under this chapter beginning with fiscal year 2008, see section 592(c) of Pub. L. 109–364, set out as a note under section 1111 of this title.

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

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

    1. Substituted · 10 U.S.C. § 1115(c)(1)(B)

      Pub. L. 109–364, § 592(b)(2)(B), substituted “Selected Reserve” for “Ready Reserve”

    2. Struck · 10 U.S.C. § 1115(c)(1)(B)

      Pub. L. 109–364, § 592(b)(2)(B), struck out “(other than members on full-time National Guard duty other than for training)” after “uniformed services”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(B). Pub. L. 109–364, § 592(b)(2)(B), substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “uniformed services”.

    Enacted provision · exact public law section
    (B) in paragraph (1)(B)— (i) by striking “Ready Reserve” and inserting “Selected Reserve”; and (ii) by striking “(other than members on full-time National Guard duty other than for training)”.

    Effective date note
    Amendment by Pub. L. 109–364 effective with respect to payments under this chapter beginning with fiscal year 2008, see section 592(c) of Pub. L. 109–364, set out as a note under section 1111 of this title.

24 of 24 references resolved to an enrolled provision

Editorial Notes

Amendments2001–2006 · 4 rounds

2006

Subsec. (b)(1)(B). Pub. L. 109–364, § 592(b)(1)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only)”.

Subsec. (b)(2)(B). Pub. L. 109–364, § 592(b)(1)(B), substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “Secretary of Defense”.

Subsec. (c)(1)(A). Pub. L. 109–364, § 592(b)(2)(A), substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by section 115(i) of this title” for “on active duty (other than active duty for training) or full-time National Guard duty (other than full-time National Guard duty for training only)”.

Subsec. (c)(1)(B). Pub. L. 109–364, § 592(b)(2)(B), substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “uniformed services”.

2004

Subsec. (a). Pub. L. 108–375, § 725(c)(2), substituted “1116” for “1116(c)”.

Subsec. (b). Pub. L. 108–375, § 725(c)(3), substituted “The Secretary of Defense shall determine, before the beginning of each fiscal year after , the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).” for “(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section 1116(a) of this title.”, redesignated subpar. (A) as par. (1) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (1), redesignated subpar. (B) as par. (2) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (2), substituted “paragraph (1)(B)” for “subparagraph (A)(ii)” in par. (2)(B), and struck out former par. (2) which read as follows: “The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under section 1116(a) of this title. The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under section 1105 of title 31. The President may comment and make recommendations concerning any such amount.”

Subsec. (c)(1). Pub. L. 108–375, § 725(c)(4), struck out “and section 1116(a) of this title” after “subsection (b)” in concluding provisions.

Subsec. (c)(5). Pub. L. 108–375, § 725(c)(5), substituted “1116” for “1116(c)”.

2003

Subsec. (a). Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”.

Subsec. (c)(1). Pub. L. 108–136, § 722(a), inserted at end of concluding provisions “The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.”

Subsec. (c)(1)(B). Pub. L. 108–136, § 1045(a)(3), substituted “(other than members” for “and other than members”.

Subsec. (c)(5). Pub. L. 108–136, § 722(c), substituted “section 1116(c) of this title” for “section 1116(b) of this title”.

2001

Subsec. (a). Pub. L. 107–107, § 711(b)(3)(A), inserted “participating” before “uniformed services”.

Subsec. (b)(1)(A)(ii), (B)(ii). Pub. L. 107–107, § 711(b)(3)(B), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

Subsec. (b)(2). Pub. L. 107–107, § 711(b)(3)(C), inserted “(or to the other executive department having jurisdiction over the participating uniformed service)” after “Department of Defense”.

Subsec. (c)(1)(A), (B). Pub. L. 107–107, § 711(b)(3)(D), inserted “participating” before “uniformed services”.

Subsec. (c)(2). Pub. L. 107–107, § 711(e)(1), substituted “uniformed services retiree health care programs” for “Department of Defense retiree health care programs”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Amendment by Pub. L. 109–364 effective with respect to payments under this chapter beginning with fiscal year 2008, see section 592(c) of Pub. L. 109–364, set out as a note under section 1111 of this title.

Effective Date of 2004 Amendment

Amendment by Pub. L. 108–375 effective , see section 725(d) of Pub. L. 108–375, set out as a note under section 1111 of this title.

Effective Date of 2001 Amendment

Amendment by Pub. L. 107–107 effective as if included in the enactment of this chapter by Pub. L. 106–398, see section 711(f) of Pub. L. 107–107, set out as a note under section 1111 of this title.

Effective Date

Pub. L. 106–398, § 1 [[div. A], title VII, § 713(b)(2)], , 114 Stat. 1654, 1654A–184, provided that: “Section 1115 of such title (as added by such subsection) shall take effect on .”

Credits

2000–2006 · 5 acts
  1. 2000Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], , 114 Stat. 1654, 1654A–181
  2. 2001amended Pub. L. 107–107, div. A, title VII, § 711(b)(3), (e)(1), , 115 Stat. 1165, 1166
  3. 2003Pub. L. 108–136, div. A, title VII, § 722(a), (c), title X, § 1045(a)(3), , 117 Stat. 1532, 1612
  4. 2004Pub. L. 108–375, div. A, title VII, § 725(c)(2)–(5), , 118 Stat. 1992
  5. 2006Pub. L. 109–364, div. A, title V, § 592(b), , 120 Stat. 2233.
Show as published

(Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], , 114 Stat. 1654, 1654A–181; amended Pub. L. 107–107, div. A, title VII, § 711(b)(3), (e)(1), , 115 Stat. 1165, 1166; Pub. L. 108–136, div. A, title VII, § 722(a), (c), title X, § 1045(a)(3), , 117 Stat. 1532, 1612; Pub. L. 108–375, div. A, title VII, § 725(c)(2)–(5), , 118 Stat. 1992; Pub. L. 109–364, div. A, title V, § 592(b), , 120 Stat. 2233.)

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/s1115