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

Summary

Creates a Board of Actuaries inside the Department of Defense. The Board has three members chosen by the Secretary of Defense. Members must be professional actuaries who belong to the Society of Actuaries. Each member serves a 15-year term. If someone fills a vacant spot, they only serve the rest of that term. A member may stay on until a successor is ready. The Secretary can remove a member only for misconduct or failure to do the Board’s work. Members who are not federal employees are paid the daily equivalent of the highest General Schedule pay rate then in effect and get travel and per diem under section 5703 of title 5. The Board must review the actuarial valuations of three types of funds: the Department of Defense Military Retirement Fund, the Department of Defense Education Benefits Fund, and any other funds the Secretary names. At least once every four years the Board must report to the President and Congress on the Military Retirement Fund and recommend funding or amortization changes to keep it actuarially sound. It must also review the Education Benefits Fund and other named funds and suggest changes to keep them sound. The Secretary must give the Board the records it needs. The Board must send the Secretary an annual report on each fund and give advice when asked.

Title 10, §183

Armed Forces — Source: USLM XML via OLRC

(a)There shall be in the Department of Defense a Department of Defense Board of Actuaries (hereinafter in this section referred to as the “Board”).

(b)(1)The Board shall consist of three members who shall be appointed by the Secretary of Defense from among qualified professional actuaries who are members of the Society of Actuaries.

(2)The members of the Board shall serve for a term of 15 years, except that a member of the Board appointed to fill a vacancy occurring before the end of the term for which the member’s predecessor was appointed shall only serve until the end of such term. A member may serve after the end of the member’s term until the member’s successor takes office.

(3)A member of the Board may be removed by the Secretary of Defense only for misconduct or failure to perform functions vested in the Board.

(4)A member of the Board who is not an employee of the United States is entitled to receive pay at the daily equivalent of the annual rate of basic pay of the highest rate of basic pay then currently being paid under the General Schedule of subchapter III of chapter 53 of title 5 for each day the member is engaged in the performance of the duties of the Board and is entitled to travel expenses, including a per diem allowance, in accordance with section 5703 of that title in connection with such duties.

(c)The Board shall have the following duties:

(1)To review valuations of the Department of Defense Military Retirement Fund in accordance with section 1465(c) of this title and submit to the President and Congress, not less often than once every four years, a report on the status of that Fund, including such recommendations for modifications to the funding or amortization of that Fund as the Board considers appropriate and necessary to maintain that Fund on a sound actuarial basis.

(2)To review valuations of the Department of Defense Education Benefits Fund in accordance with section 2006(e) of this title and make recommendations to the President and Congress on such modifications to the funding or amortization of that Fund as the Board considers appropriate to maintain that Fund on a sound actuarial basis.

(3)To review valuations of such other funds as the Secretary of Defense shall specify for purposes of this section and make recommendations to the President and Congress on such modifications to the funding or amortization of such funds as the Board considers appropriate to maintain such funds on a sound actuarial basis.

(d)The Secretary of Defense shall ensure that the Board has access to such records regarding the funds referred to in subsection (c) as the Board shall require to determine the actuarial status of such funds.

(e)(1)The Board shall submit to the Secretary of Defense on an annual basis a report on the actuarial status of each of the following:

(A)The Department of Defense Military Retirement Fund.

(B)The Department of Defense Education Benefits Fund.

(C)Each other fund specified by Secretary under subsection (c)(3).

(2)The Board shall also furnish its advice and opinion on matters referred to it by the Secretary.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 183, added Pub. L. 105–85, div. A, title IX, § 904(a), Nov. 18, 1997, 111 Stat. 1854, required the Secretary of Defense to report annually on the justification or requirement and projected costs of Department of Defense advisory committees, prior to repeal by Pub. L. 107–314, div. A, title X, § 1041(a)(1)(A), Dec. 2, 2002, 116 Stat. 2645.

Statutory Notes and Related Subsidiaries

Initial Service as Board Members Pub. L. 110–181, div. A, title IX, § 906(a)(3), Jan. 28, 2008, 122 Stat. 277, provided that: “Each member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries as of the date of the enactment of this Act [Jan. 28, 2008] shall serve as an initial member of the Department of Defense Board of Actuaries under section 183 of title 10, United States Code (as added by paragraph (1)), from that date until the date otherwise provided for the completion of such individual’s term as a member of the Department of Defense Retirement Board of Actuaries or the Department of Defense Education Benefits Board of Actuaries, as the case may be, unless earlier removed by the Secretary of Defense.”

§183 Department of Defense Board of Actuaries