§ 1116. Payments into 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. 2000

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

   Enacted · 10 U.S.C. § 1116

   Added Pub. L. 106–398, § 1 [[div. A], title VII, § 713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–182

   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–182

   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. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   Substituted · 10 U.S.C. § 1116(a)(1)(A)

   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. (a)(1)(A). 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”.

3. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 711(b)(4) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 1116(a)(1)(B)

   Pub. L. 107–107, § 711(b)(4), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 107–107, § 711(b)(4), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

   Enacted provision · exact public law section
   (4) Section 1116(a) of such title is amended in paragraphs (1)(B) and (2)(B) by inserting “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

4. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   Substituted · 10 U.S.C. § 1116(a)(2)(A)

   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. (a)(2)(A). 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. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1048(a)(13)(A) · 115 Stat. 1012

   Inserted · 10 U.S.C. § 1116(a)(2)(B)

   Pub. L. 107–107, § 1048(a)(13)(A), inserted an opening parenthesis before “other than for training”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(B). Pub. L. 107–107, § 1048(a)(13)(A), inserted an opening parenthesis before “other than for training”.

   Enacted provision · exact public law section
   (A) in subsection (a)(2)(B), by inserting an open parenthesis before “other than for training”; and

6. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 711(b)(4) · 115 Stat. 1012

   1. Inserted · 10 U.S.C. § 1116(a)(2)(B)

      Pub. L. 107–107, § 711(b)(4), (d)(1), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”

   2. Struck · 10 U.S.C. § 1116(a)(2)(B)

      Pub. L. 107–107, § 711(b)(4), (d)(1), struck out at end “Amounts paid into the Fund under this subsection shall be paid from funds available for the Defense Health Program.”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 107–107, § 711(b)(4), (d)(1), inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services” and struck out at end “Amounts paid into the Fund under this subsection shall be paid from funds available for the Defense Health Program.”.

   Enacted provision · exact public law section
   (4) Section 1116(a) of such title is amended in paragraphs (1)(B) and (2)(B) by inserting “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

7. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 § 1048(a)(13)(B) · 115 Stat. 1012

   Substituted · 10 U.S.C. § 1116(b)(2)(D)

   Pub. L. 107–107, § 1048(a)(13)(B), substituted “section 1115(c)(4)” for “section 111(c)(4)”

   Source evidence

   Code amendment note
   Subsec. (b)(2)(D). Pub. L. 107–107, § 1048(a)(13)(B), substituted “section 1115(c)(4)” for “section 111(c)(4)”.

   Enacted provision · exact public law section
   (B) in subsection (b)(2)(D), by striking “section 111(c)(4)” and inserting “section 1115(c)(4)”.

8. 2001

   National Defense Authorization Act for Fiscal Year 2002

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

   Added · 10 U.S.C. § 1116(c)

   Pub. L. 107–107, § 711(d)(2), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–107, § 711(d)(2), added subsec. (c).

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsection: “(c) Amounts paid into the Fund under subsection (a) shall be paid from funds available for the health care programs of the participating uniformed services under the jurisdiction of the respective administering Secretaries”.

9. 2002

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

   Substituted · 10 U.S.C. § 1116(c)

   Pub. L. 107–314 substituted “pay of members” for “health care programs”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 107–314 substituted “pay of members” for “health care programs”.

   Enacted provision · exact public law section
   (a) Source of Funds for Monthly Accrual Payments into the Fund.— Section 1116(c) of title 10, United States Code, is amended by striking “health care programs” and inserting “pay of members”.

10. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 722(b)(1) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 1116(a)

    Pub. L. 108–136, § 722(b)(1), substituted “the amount that, subject to subsection (b),” for “the amount that” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 722(b)(1), substituted “the amount that, subject to subsection (b),” for “the amount that” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “the amount that” in the matter preceding paragraph (1) and inserting “the amount that, subject to subsection (b),”;

11. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 722(b)(2) · 117 Stat. 1392

    1. Added · 10 U.S.C. § 1116(b)(d)

       Pub. L. 108–136, § 722(b)(2), (3), added subsec. (b)

    2. Redesignated · 10 U.S.C. § 1116(b)(d)

       Pub. L. 108–136, § 722(b)(2), (3), redesignated former subsecs. (b) and (c) as (c) and (d), respectively

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 108–136, § 722(b)(2), (3), added subsec. (b) and redesignated former subsecs. (b) and (c) as (c) and (d), respectively.

    Enacted provision · exact public law section
    (2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and

12. 2004

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

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

    Amended · 10 U.S.C. § 1116

    Pub. L. 108–375 reenacted section catchline without change and amended text generally. Prior to amendment, section related to, in subsec. (a), calculation of the Department of Defense monthly contribution to the Fund, in subsec. (b), separate calculation by a participating uniformed service, in subsec. (c), payments to the Fund at the beginning of each fiscal year by the Secretary of the Treasury, and, in subsec. (d), amounts paid into the Fund under subsec. (a) from the pay of members of the participating uniformed services

    Source evidence

    Code amendment note
    Pub. L. 108–375 reenacted section catchline without change and amended text generally. Prior to amendment, section related to, in subsec. (a), calculation of the Department of Defense monthly contribution to the Fund, in subsec. (b), separate calculation by a participating uniformed service, in subsec. (c), payments to the Fund at the beginning of each fiscal year by the Secretary of the Treasury, and, in subsec. (d), amounts paid into the Fund under subsec. (a) from the pay of members of the participating uniformed services.

    Enacted provision · exact public law section
    (a) Revision.— Section 1116 of title 10, United States Code, is amended to read as follows: “§ 1116. Payments into the Fund “(a) At the beginning of each fiscal year after September 30, 2005, the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury— “(1) the amount certified to the Secretary by the Secretary of Defense under subsection (c), which shall be the contribution to the Fund for that fiscal year required by section 1115; and “(2) the amount determined by each administering Secretary under section 1111(c) as the contribution to the Fund on behalf of the members of the uniformed services under the jurisdiction of that Secretary. “(b) At the beginning of each fiscal year, the Secretary of Defense shall determine the sum of the following: “(1) The amount of the payment for that year under the amortization schedule determined by the Board of Actuaries under section 1115(a) of this title for the amortization of the original unfunded liability of the Fund. “(2) The amount (including any negative amount) of the Department of Defense contribution for that year as determined by the Secretary of Defense under section 1115(b) of this title. “(3) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(2) of this title for the amortization of any cumulative unfunded liability (or any gain) to the Fund resulting from changes in benefits. ‘(4) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(3) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial assumption changes. “(5) The amount (including any negative amount) for that year under the most recent amortization schedule determined by the Secretary of Defense under section 1115(c)(4) of this title for the amortization of any cumulative actuarial gain or loss to the Fund resulting from actuarial experience. “(c) The Secretary of Defense shall promptly certify the amount determined under subsection (b) each year to the Secretary of the Treasury. “(d) At the same time as the Secretary of Defense makes the certification under subsection (c), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives the information provided to the Secretary of the Treasury under that subsection.” .

    Effective date note
    Amendment by Pub. L. 108–375 effective Oct. 1, 2005, see section 725(d) of Pub. L. 108–375, set out as a note under section 1111 of this title.

14 of 14 references resolved to an enrolled provision