§1111 — Title 10 Armed Forces | U.S. Code

Summary

Creates a Department of Defense Medicare-Eligible Retiree Health Care Fund in the Treasury. The Treasury Secretary manages the Fund. The Fund holds money to pay, using actuarial estimates, the health care costs that the uniformed services owe for retirees and their eligible dependents who are entitled to Medicare. Defines key terms briefly: uniformed services retiree health care programs — laws that give retired members and eligible dependents a right to health care; eligible dependent — dependents described in sections 1076(a)(2) (except dependents of active-duty members), 1076(b), 1086(c)(2), or 1086(c)(3); medicare-eligible — entitled to benefits under part A of title XVIII of the Social Security Act (42 U.S.C. 1395c et seq.); participating uniformed service — Army, Navy, Air Force, Marine Corps, Space Force, and any other service covered by an agreement under subsection (c); members on active duty — excludes cadets at the United States Military Academy, United States Air Force Academy, or Coast Guard Academy, and midshipmen at the United States Naval Academy. The Secretary of Defense must make agreements with each other service secretary so those services join the Fund. Each service secretary must set and pay contributions for their members in a way comparable to the method in section 1115(b), and pay them into the Fund as provided in section 1116(a).

Title 10, §1111

Armed Forces — Source: USLM XML via OLRC

(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).

Notes & Related Subsidiaries

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.

Amendments

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), 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.”

Effective Date

of 2004 Amendment Pub. L. 108–375, div. A, title VII, § 725(d), Oct. 28, 2004, 118 Stat. 1992, provided that: “The

Amendments

made by this section [amending this section and section 1115 and 1116 of this title] shall take effect on October 1, 2005.”

Effective Date

of 2001 Amendment Pub. L. 107–107, div. A, title VII, § 711(f), Dec. 28, 2001, 115 Stat. 1167, provided that: “The

Amendments

made by this section [amending this section and section 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, Feb. 20, 2003, 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”.

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

Summary

Title 10, §1111

Notes & Related Subsidiaries

Editorial Notes

References in Text

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Effective Date

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Effective Date

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