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Title 10 — Armed ForcesRelease 119-73not60

§1113 Payments From the Fund

Title 10 › Subtitle Subtitle A— General Military Law › Part II— PERSONNEL › Chapter 56— DEPARTMENT OF DEFENSE MEDICARE-ELIGIBLE RETIREE HEALTH CARE FUND › § 1113

Last updated Apr 3, 2026|Official source

Summary

Pay from the Fund must cover costs for retiree health care programs for members or former members of a participating uniformed service who get retired or retainer pay and are Medicare-eligible, and for their Medicare-eligible dependents. The Fund’s assets can be used for those payments. The Secretary of Defense can move money from the Fund into the proper DoD or other agency budget accounts as needed to pay those costs, including program administration. Money moved becomes part of that budget account and follows its rules and time limits. If the money is not needed, it can be moved back. No transfer to or from an appropriation may be made after the end of the second fiscal year after the fiscal year when that appropriation is available for obligation. The Secretary must create rules for how to calculate amounts to transfer (which may use a share of health care service volume). The rules must be given to the Comptroller General at least 60 days before they start, and the Comptroller General must report on them within 30 days. If the Secretary of Defense has an agreement under section 1111(c), the Secretary may act for the other service’s beneficiaries and programs too.

Full Legal Text

Title 10, §1113

Armed Forces — Source: USLM XML via OLRC

(a)There shall be paid from the Fund amounts payable for the costs of all uniformed service retiree health care programs for the benefit of members or former members of a participating uniformed service who are entitled to retired or retainer pay and are medicare eligible, and eligible dependents who are medicare eligible.
(b)The assets of the Fund are hereby made available for payments under subsection (a).
(c)(1)In carrying out subsection (a), the Secretary of Defense may transfer periodically from the Fund to applicable appropriations of the Department of Defense, or to applicable appropriations of other departments or agencies, such amounts as the Secretary determines necessary to cover the costs chargeable to those appropriations for uniformed service retiree health care programs for beneficiaries under those programs who are medicare-eligible. Such transfers may include amounts necessary for the administration of such programs. Amounts so transferred shall be merged with and be available for the same purposes and for the same time period as the appropriation to which transferred. Upon a determination that all or part of the funds transferred from the Fund are not necessary for the purposes for which transferred, such amounts may be transferred back to the Fund. This transfer authority is in addition to any other transfer authority that may be available to the Secretary.
(2)A transfer from the Fund under paragraph (1) may not be made to an appropriation after the end of the second fiscal year after the fiscal year that the appropriation is available for obligation. A transfer back to the Fund under paragraph (1) may not be made after the end of the second fiscal year after the fiscal year for which the appropriation to which the funds were originally transferred is available for obligation.
(d)The Secretary of Defense shall by regulation establish the method or methods for calculating amounts to be transferred under subsection (c). Such method or methods may be based (in whole or in part) on a proportionate share of the volume (measured as the Secretary determines appropriate) of health care services provided or paid for under uniformed service retiree health care programs for beneficiaries under those programs who are medicare-eligible in relation to the total volume of health care services provided or paid for under Department of Defense health care programs.
(e)The regulations prescribed by the Secretary under subsection (d) shall be provided to the Comptroller General not less than 60 days before such regulations become effective. The Comptroller General shall, not later than 30 days after receiving such regulations, report to the Secretary of Defense and Congress on the adequacy and appropriateness of the regulations.
(f)If the Secretary of Defense enters into an agreement with another administering Secretary pursuant to section 1111(c), the Secretary of Defense may take the actions described in subsections (c), (d), and (e) on behalf of the beneficiaries and programs of the other participating uniformed service.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (a). Pub. L. 107–107, § 711(c)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “There shall be paid from the Fund amounts payable for Department of Defense retiree health care programs for medicare-eligible beneficiaries.” Subsecs. (c) to (f). Pub. L. 107–107, § 711(c)(2), added subsecs. (c) to (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 2001 AmendmentAmendment 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)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–184, provided that: “section 1113 and 1116 of title 10, United States Code (as added by subsection (a)), shall take effect on October 1, 2002.”

Reference

Citations & Metadata

Citation

10 U.S.C. § 1113

Title 10 — Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60