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10 U.S.C. § 1465 — Determination of contributions to the

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10 U.S.C. § 1465 — Determination of contributions to the

Page 1389 TITLE 10—ARMED FORCES § 1465 1 See 2021 Amendment notes below. (1) retired pay payable to members on the retired lists of the Army, Navy, Air Force, Ma- rine Corps, and Coast Guard, and Space Force 1 and payments under section 1413a, 1414, or 1415 of this title paid to such members; (2) retired pay payable under chapter 1223 of this title to former members of the armed forces; (3) retainer pay payable to members of the Fleet Reserve and Fleet Marine Corps Reserve; (4) benefits payable under programs under the jurisdiction of the Department of Defense and the Department of Homeland Security that provide annuities for survivors of mem- bers and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and (5) amounts payable under section 1408(h) of this title. (b) The assets of the Fund are hereby made available for payments under subsection (a). (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645; amended Pub. L. 101–189, div. A, title VI, § 651(c), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 102–484, div. A, title VI, § 653(b)(2), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 103–35, title II, § 202(a)(4), May 31, 1993, 107 Stat. 101; Pub. L. 104–106, div. A, title XV, § 1501(c)(18), Feb. 10, 1996, 110 Stat. 499; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, § 641(c)(2), Nov. 24, 2003, 117 Stat. 1515; Pub. L. 108–375, div. A, title X, § 1084(d)(11), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 114–92, div. A, title VI, § 633(a)(3), Nov. 25, 2015, 129 Stat. 850; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(L), div. G, title LVXXXII [LXXXII], § 8223, Jan. 1, 2021, 134 Stat. 3820

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Page 1389 TITLE 10—ARMED FORCES § 1465 1 See 2021 Amendment notes below. (1) retired pay payable to members on the retired lists of the Army, Navy, Air Force, Ma- rine Corps, and Coast Guard, and Space Force 1 and payments under section 1413a, 1414, or 1415 of this title paid to such members; (2) retired pay payable under chapter 1223 of this title to former members of the armed forces; (3) retainer pay payable to members of the Fleet Reserve and Fleet Marine Corps Reserve; (4) benefits payable under programs under the jurisdiction of the Department of Defense and the Department of Homeland Security that provide annuities for survivors of mem- bers and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and (5) amounts payable under section 1408(h) of this title. (b) The assets of the Fund are hereby made available for payments under subsection (a). (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645; amended Pub. L. 101–189, div. A, title VI, § 651(c), Nov. 29, 1989, 103 Stat. 1460; Pub. L. 102–484, div. A, title VI, § 653(b)(2), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 103–35, title II, § 202(a)(4), May 31, 1993, 107 Stat. 101; Pub. L. 104–106, div. A, title XV, § 1501(c)(18), Feb. 10, 1996, 110 Stat. 499; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–136, div. A, title VI, § 641(c)(2), Nov. 24, 2003, 117 Stat. 1515; Pub. L. 108–375, div. A, title X, § 1084(d)(11), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 114–92, div. A, title VI, § 633(a)(3), Nov. 25, 2015, 129 Stat. 850; Pub. L. 116–283, div. A, title IX, § 924(b)(1)(L), div. G, title LVXXXII [LXXXII], § 8223, Jan. 1, 2021, 134 Stat. 3820, 4658; Pub. L. 117–81, div. A, title X, § 1081(a)(17), Dec. 27, 2021, 135 Stat. 1920.) Editorial Notes REFERENCES IN TEXT Section 4 of Public Law 92–425, referred to in subsec. (a)(4), is set out as a note under section 1448 of this title. Section 5 of Public Law 96–402, referred to in subsec. (a)(4), is set out as a note under section 1448 of this title. AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283, § 8223(1), which di- rected substitution of ‘‘Marine Corps, and Coast Guard’’ for ‘‘and Marine Corps’’, was executed by mak- ing the substitution for ‘‘Marine Corps’’ to reflect the probable intent of Congress and the intervening amend- ment by Pub. L. 116–283, § 924(b)(1)(L). See below. Pub. L. 116–283, § 924(b)(1)(L), substituted ‘‘Marine Corps, and Space Force’’ for ‘‘and Marine Corps’’. Subsec. (a)(2). Pub. L. 116–283, § 8223(2), struck out ‘‘(other than retired pay payable by the Secretary of Homeland Security)’’ after ‘‘armed forces’’. Subsec. (a)(4). Pub. L. 117–81 substituted ‘‘Homeland Security that provide’’ for ‘‘Homeland Security that that provide’’. Pub. L. 116–283, § 8223(3), inserted ‘‘and the Depart- ment of Homeland Security that’’ after ‘‘Department of Defense’’. 2015—Subsec. (a)(1). Pub. L. 114–92 substituted ‘‘, 1414, or 1415’’ for ‘‘or 1414’’. 2004—Subsec. (a)(1). Pub. L. 108–375 substituted ‘‘1413a’’ for ‘‘1413, 1413a,’’. 2003—Subsec. (a)(1). Pub. L. 108–136 inserted before semicolon at end ‘‘and payments under section 1413, 1413a, or 1414 of this title paid to such members’’. 2002—Subsec. (a)(2). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1996—Subsec. (a)(2). Pub. L. 104–106 substituted ‘‘chap- ter 1223’’ for ‘‘chapter 67’’. 1993—Subsec. (a)(5). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 653(b)(2). See 1992 Amendment note below. 1992—Subsec. (a). Pub. L. 102–484, as amended by Pub. L. 103–35, added par. (5). 1989—Subsec. (a). Pub. L. 101–189 substituted ‘‘mem- bers’’ for ‘‘persons’’ in par. (1), added par. (2), and redes- ignated former pars. (2) and (3) as (3) and (4), respec- tively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–136 effective Oct. 1, 2003, with Secretary of Defense to provide for certain admin- istrative adjustments, see section 641(c)(6) of Pub. L. 108–136, set out as a note under section 1413a of this title. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as originally enacted. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–35 applicable as if in- cluded in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title. EFFECTIVE DATE Pub. L. 98–94, title IX, § 925(b)(2), Sept. 24, 1983, 97 Stat. 648, provided that: ‘‘Sections 1463 (relating to pay- ments from the Fund) and 1466 (relating to payments to the Fund) of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1984.’’ [§ 1464. Repealed. Pub. L. 110–181, div. A, title IX, § 906(b)(1)(A), Jan. 28, 2008, 122 Stat. 277] Section, added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645; amended Pub. L. 98–525, title XIV, § 1405(27), Oct. 19, 1984, 98 Stat. 2623, established in the Department of Defense a Department of Defense Re- tirement Board of Actuaries. § 1465. Determination of contributions to the Fund (a)(1) Not later than six months after the Board of Actuaries is first appointed, the Board shall determine the amount that is the present value (as of October 1, 1984) of future benefits payable from the Fund that are attributable to Page 1390 TITLE 10—ARMED FORCES § 1465 service in the armed forces performed before Oc- tober 1, 1984. That amount is the original un- funded liability of the Fund. The Board shall de- termine the period of time over which the origi- nal unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that pe- riod. Contributions to the Fund for the liquida- tion of the original unfunded liability in accord- ance with such schedule shall be made as pro- vided in section 1466(b) of this title. (2) Not later than October 1, 2022, the Board of Actuaries shall determine the amount that is the present value (as of September 30, 2022) of fu- ture benefits payable from the Fund that are at- tributable to service in the Coast Guard per- formed before October 1, 2022. That amount is the original Coast Guard unfunded liability of the Fund. The Board shall determine the period of time over which the original Coast Guard un- funded liability should be liquidated and shall determine an amortization schedule for the liq- uidation of such liability over that period. Con- tributions to the Fund for the liquidation of the original Coast Guard unfunded liability in ac- cordance with such schedule shall be made as provided in section 1466(b) of this title. (b)(1) The Secretary of Defense, in consulta- tion with the Secretary of the department in which the Coast Guard is operating, shall deter- mine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense and Coast Guard contributions to be made to the Fund during that fiscal year under section 1466(a) of this title. That amount shall be the sum of the following: (A) The product of— (i) the current estimate of the value of the single level percentage of basic pay to be de- termined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and (ii) the total amount of basic pay expected to be paid during that fiscal year for active duty members of the Armed Forces and for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by sec- tion 115(i) of this title. (B) The product of— (i) the current estimate of the value of the single level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) to be determined under sub- section (c)(1)(B) at the time of the next actu- arial valuation under subsection (c); and (ii) the total amount of basic pay and of compensation (paid pursuant to section 206 of title 37) expected to be paid during that fiscal year to members of the Selected Re- serve of the armed forces for service not oth- erwise described in subparagraph (A)(ii). (2) The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Coast Guard Retired Pay ac- count and the Department of Defense for that fiscal year for payments to be made to the Fund during that year under section 1466(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 con- cerning any such amount. (3) At the same time that the Secretary of De- fense makes the determination required by para- graph (1) for any fiscal year, the Secretary shall determine the amount of the Treasury contribu- tion to be made to the Fund for the next fiscal year under section 1466(b)(2)(D) of this title. That amount shall be determined in the same manner as the determination under paragraph (1) of the total amount of Department of Defense and Coast Guard contributions to be made to the Fund during that fiscal year under section 1466(a) of this title, except that for purposes of this paragraph the Secretary, in making the cal- culations required by subparagraphs (A) and (B) of that paragraph, shall use the single level per- centages determined under subsection (c)(4), rather than those determined under subsection (c)(1). (c)(1) Not less often than every four years, the Secretary of Defense, in consultation with the Secretary of the department in which the Coast Guard is operating, shall carry out an actuarial valuation of Department of Defense military re- tirement and survivor benefit programs. Each actuarial valuation of such programs shall in- clude— (A) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay for active duty members of the Armed Forces and for full- time National Guard duty (other than full- time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for ac- tive-duty end strength purposes by section 115(i) of this title, to be determined without regard to section 1413a or 1414 of this title; and (B) a determination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay and of compensa- tion (paid pursuant to section 206 of title 37) for members of the Selected Reserve of the armed forces for service not otherwise de- scribed by subparagraph (A), to be determined without regard to section 1413a or 1414 of this title. Such single level percentages shall be used for the purposes of subsection (b)(1) and section 1466(a) of this title. (2) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) there has been a change in benefits under a military retirement or survivor benefit program 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, in consultation with the Secretary of the department in which the Coast Guard is op- erating, shall determine an amortization meth- odology 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 Page 1391 TITLE 10—ARMED FORCES § 1465 of the sum of the amortization payments (or re- ductions in payments that would otherwise be made) equals the cumulative increase (or de- crease) in the present value of such amounts. (3) If at the time of any such valuation (or any valuation carried out in order to comply with chapter 95 of title 31) the Secretary of Defense, in consultation with the Secretary of the de- partment in which the Coast Guard is operating, determines that, based upon changes in actu- arial 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 cre- ated by such change in assumptions and any pre- vious such changes in assumptions through an increase or decrease in the payments that would otherwise be made to the Fund. (4) Whenever the Secretary carries out an ac- tuarial valuation under paragraph (1), the Sec- retary shall include as part of such valuation the following: (A) A determination of a single level per- centage determined in the same manner as ap- plies under subparagraph (A) of paragraph (1), but based only upon the provisions of sections 1413a and 1414 of this title. (B) A determination of a single level per- centage determined in the same manner as ap- plies under subparagraph (B) of paragraph (1), but based only upon the provisions of sections 1413a and 1414 of this title. Such single level percentages shall be used for the purposes of subsection (b)(3). (5) Contributions to the Fund in accordance with amortization schedules under paragraphs (2) and (3) shall be made as provided in section 1466(b) of this title. (d) All determinations under this section shall be made using methods and assumptions ap- proved by the Board of Actuaries (including as- sumptions of interest rates and inflation) and in accordance with generally accepted actuarial principles and practices. (e) The Secretary of Defense and, with regard to the Coast Guard, the Secretary of the depart- ment in which the Coast Guard is operating shall provide for the keeping of such records as are necessary for determining the actuarial sta- tus of the Fund. (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 646; amended Pub. L. 98–525, title XIV, § 1405(28), Oct. 19, 1984, 98 Stat. 2623; Pub. L. 99–500, § 101(c) [title IX, § 9131], Oct. 18, 1986, 100 Stat. 1783–82, 1783–128, and Pub. L. 99–591, § 101(c) [title IX, § 9131], Oct. 30, 1986, 100 Stat. 3341–82, 3341–128; Pub. L. 99–661, div. A, title VI, § 661(a), Nov. 14, 1986, 100 Stat. 3891; Pub. L. 108–136, div. A, title VI, § 641(c)(3), (4), Nov. 24, 2003, 117 Stat. 1515; Pub. L. 108–375, div. A, title X, § 1084(d)(11), Oct. 28, 2004, 118 Stat. 2062; Pub. L. 109–364, div. A, title V, § 591(a), Oct. 17, 2006, 120 Stat. 2232; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8224, Jan. 1, 2021, 134 Stat. 4658; Pub. L. 117–81, div. A, title X, § 1081(a)(18), Dec. 27, 2021, 135 Stat. 1920; Pub. L. 118–159, div. A, title XVII, § 1701(a)(21), Dec. 23, 2024, 138 Stat. 2204.) Editorial Notes CODIFICATION Pub. L. 99–591 is a corrected version of Pub. L. 99–500. Amendment of section by Pub. L. 99–500 and Pub. L. 99–591 is based on section 642 of S. 2638, Ninety-ninth Congress, as passed by the Senate on Aug. 9, 1986, which was enacted into permanent law by Pub. L. 99–500 and Pub. L. 99–591. S. 2638 was subsequently enacted as Pub. L. 99–661. AMENDMENTS 2024—Subsec. (e). Pub. L. 118–159 inserted ‘‘shall’’ be- fore ‘‘provide’’. 2021—Subsec. (a). Pub. L. 116–283, § 8224(1), designated existing provisions as par. (1) and added par. (2). Subsec. (b)(1). Pub. L. 116–283, § 8224(2)(A)(i), in intro- ductory provisions, inserted ‘‘, in consultation with the Secretary of the department in which the Coast Guard is operating,’’ after ‘‘Secretary of Defense’’ and ‘‘and Coast Guard’’ after ‘‘Department of Defense’’. Subsec. (b)(1)(A)(ii). Pub. L. 116–283, § 8224(2)(A)(ii), substituted ‘‘members of the Armed Forces’’ for ‘‘(other than the Coast Guard)’’. Subsec. (b)(1)(B)(ii). Pub. L. 116–283, § 8224(2)(A)(iii), struck out ‘‘(other than the Coast Guard)’’ after ‘‘armed forces’’. Subsec. (b)(2). Pub. L. 117–81 substituted ‘‘account and the Department’’ for ‘‘account and the the Depart- ment’’. Pub. L. 116–283, § 8224(2)(B), inserted ‘‘the Coast Guard Retired Pay account and the’’ after ‘‘appropriated to’’. Subsec. (b)(3). Pub. L. 116–283, § 8224(2)(C), inserted ‘‘and Coast Guard’’ after ‘‘Department of Defense’’. Subsec. (c)(1). Pub. L. 116–283, § 8224(3)(A)(i), inserted ‘‘, in consultation with the Secretary of the depart- ment in which the Coast Guard is operating,’’ after ‘‘Secretary of Defense’’ in introductory provisions. Subsec. (c)(1)(A). Pub. L. 116–283, § 8224(3)(A)(ii), sub- stituted ‘‘members of the Armed Forces’’ for ‘‘(other than the Coast Guard)’’. Subsec. (c)(1)(B). Pub. L. 116–283, § 8224(3)(A)(iii), struck out ‘‘(other than the Coast Guard)’’ after ‘‘armed forces’’. Subsec. (c)(2). Pub. L. 116–283, § 8224(3)(B), inserted ‘‘, in consultation with the Secretary of the depart- ment in which the Coast Guard is operating,’’ after ‘‘Secretary of Defense’’. Subsec. (c)(3). Pub. L. 116–283, § 8224(3)(C), inserted ‘‘, in consultation with the Secretary of the depart- ment in which the Coast Guard is operating,’’ after ‘‘Secretary of Defense’’. Subsec. (e). Pub. L. 116–283, § 8224(4), substituted ‘‘Sec- retary of Defense and, with regard to the Coast Guard, the Secretary of the department in which the Coast Guard is operating’’ for ‘‘Secretary of Defense shall’’. 2006—Subsec. (b)(1)(A)(ii). Pub. L. 109–364, § 591(a)(1)(A), substituted ‘‘for active duty (other than the Coast Guard) and for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 115(i) of this title’’ for ‘‘to members of the armed forces (other than the Coast Guard) on active duty (other than active duty for train- ing) or full-time National Guard duty (other than full- time National Guard duty for training only)’’. Subsec. (b)(1)(B)(ii). Pub. L. 109–364, § 591(a)(1)(B), sub- stituted ‘‘Selected Reserve’’ for ‘‘Ready Reserve’’ and ‘‘Coast Guard) for service’’ for ‘‘Coast Guard and other than members on full-time National Guard duty other than for training) who are’’. Subsec. (c)(1)(A). Pub. L. 109–364, § 591(a)(2)(A), sub- stituted ‘‘for active duty (other than the Coast Guard) and for full-time National Guard duty (other than full- time National Guard duty for training only), but ex- cluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 115(i) of this title’’ for ‘‘for mem- Page 1392 TITLE 10—ARMED FORCES § 1466 bers of the armed forces (other than the Coast Guard) 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, § 591(a)(2)(B), sub- stituted ‘‘Selected Reserve’’ for ‘‘Ready Reserve’’ and ‘‘Coast Guard) for service’’ for ‘‘Coast Guard and other than members on full-time National Guard duty other than for training) who are’’. 2004—Subsec. (c)(1)(A), (B), (4)(A), (B). Pub. L. 108–375 substituted ‘‘1413a’’ for ‘‘1413, 1413a,’’. 2003—Subsec. (b)(3). Pub. L. 108–136, § 641(c)(3), added par. (3). Subsec. (c)(1). Pub. L. 108–136, § 641(c)(4)(A)(iii), sub- stituted ‘‘subsection (b)(1)’’ for ‘‘subsection (b)’’ in con- cluding provisions. Subsec. (c)(1)(A). Pub. L. 108–136, § 641(c)(4)(A)(i), in- serted before semicolon ‘‘, to be determined without re- gard to section 1413, 1413a, or 1414 of this title’’. Subsec. (c)(1)(B). Pub. L. 108–136, § 641(c)(4)(A)(ii), in- serted before period at end ‘‘, to be determined without regard to section 1413, 1413a, or 1414 of this title’’. Subsec. (c)(4), (5). Pub. L. 108–136, § 641(c)(4)(B), (C), added par. (4) and redesignated former par. (4) as (5). 1985—Subsec. (b)(1). Pub. L. 99–500 and Pub. L. 99–591, Pub. L. 99–661, § 661(a), amended par. (1) identically, in- serting second sentence and striking out the existing second sentence which read as follows: ‘‘That amount shall be determined as the product of— ‘‘(A) the current estimate of the value of the single level percentage of basic pay to be determined at the time of the next actuarial valuation under subsection (c); and ‘‘(B) the total amount of basic pay expected to be paid during that fiscal year to members of the armed forces (other than the Coast Guard) on active duty or in the Selected Reserve.’’ Subsec. (c)(1). Pub. L. 99–500 and Pub. L. 99–591, Pub. L. 99–661, § 661(a)(2), amended par. (1) identically, insert- ing second and third sentences and striking out exist- ing second sentence which read as follows: ‘‘Each actu- arial valuation of such programs shall include a deter- mination (using the aggregate entry-age normal cost method) of a single level percentage of basic pay to be used for the purposes of subsection (b) and section 1466(a) of this title.’’ 1984—Subsec. (c)(1). Pub. L. 98–525 struck out ‘‘(A)’’ after ‘‘(c)(1)’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title V, § 591(c), Oct. 17, 2006, 120 Stat. 2233, provided that: ‘‘The amendments made by this section [amending this section and section 1466 of this title] shall take effect on October 1, 2007.’’ EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–136 effective Oct. 1, 2003, with Secretary of Defense to provide for certain admin- istrative adjustments, see section 641(c)(6) of Pub. L. 108–136, set out as a note under section 1413a of this title. EFFECTIVE DATE OF 1986 AMENDMENTS Section 642(c) of S. 2638, as passed by the Senate on Aug. 9, 1986, and as enacted into law by section 101(c) [title IX, § 9131] of Pub. L. 99–500 and Pub. L. 99–591, and section 661(d) of Pub. L. 99–661, provided respectively that: ‘‘The amendments made by this section [amend- ing this section and section 1466 of this title] shall take effect on October 1, 1986, or the date of the enactment of this Act [Oct. 18, 1986], whichever is later, and shall apply to payments required to be made under section 1466(a) of title 10, United States Code, as amended by this section, for months beginning on or after that ef- fective date.’’ and ‘‘The amendments made by sub- sections (a) and (b) [amending this section and section 1466 of this title] shall apply to payments required to be made under section 1466(a) of title 10, United States Code, as amended by subsection (b), for months begin- ning on or after the date of the enactment of this Act [Nov. 14, 1986].’’ § 1466. Payments into the Fund (a) The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast Guard, shall pay into the Fund at the end of each month the respective pro rata share contribution of the Secretary of Defense and the Secretary of the department in which the Coast Guard is oper- ating to the Fund for that month the amount that is the sum of the following: (1) The product of— (A) the level percentage of basic pay deter- mined using all the methods and assump- tions approved for the most recent (as of the first day of the current fiscal year) actuarial valuation under section 1465(c)(1)(A) of this title (except that any statutory change in the military retirement and survivor benefit systems that is effective after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and (B) the total amount of basic pay accrued for that month for active duty (other than the Coast Guard) and for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 115(i) of this title. (2) The product of— (A) the level percentage of basic pay and of compensation (paid pursuant to section 206 of title 37) determined using all the methods and assumptions approved for the most re- cent (as of the first day of the current fiscal year) actuarial valuation under section 1465(c)(1)(B) of this title (except that any statutory change in the military retirement and survivor benefit systems that is effec- tive after the date of that valuation and on or before the first day of the current fiscal year shall be used in such determination); and (B) the total amount of basic pay and of compensation (paid pursuant to section 206 of title 37) accrued for that month by mem- bers of the Selected Reserve of the armed forces for service not otherwise described in paragraph (1)(B). (b) Amounts paid into the Fund under this subsection shall be paid from funds available for as appropriate— (1) the pay of members of the armed forces under the jurisdiction of the Secretary of a military department; or (2) the Retired Pay appropriation for the Coast Guard. (c)(1) At the beginning of each fiscal year the Secretary of the Treasury shall promptly pay into the Fund from the General Fund of the Treasury the amount certified to the Secretary by the Secretary of Defense under paragraph (3). Such payment shall be the contribution to the

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1465 — Determination of contributions to the Fund

**(a)** (1) Not later than six months after the Board of Actuaries is first appointed, the Board shall determine the amount that is the present value (as of October 1, 1984) of future benefits payable from the Fund that are attributable to service in the armed forces performed before October 1, 1984. 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 1466(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1466/b&num=0&edition=prelim). (2) Not later than October 1, 2022, the Board of Actuaries shall determine the amount that is the present value (as of September 30, 2022) of future benefits payable from the Fund that are attributable to service in the Coast Guard performed before October 1, 2022. That amount is the original Coast Guard unfunded liability of the Fund. The Board shall determine the period of time over which the original Coast Guard 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 Coast Guard unfunded liability in accordance with such schedule shall be made as provided in [section 1466(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1466/b&num=0&edition=prelim). **(b)** (1) The Secretary of Defense, in consultation with the Secretary of the department

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1465

Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.