10 U.S.C. § 1463 — Payments from the Fund

Page 1388 TITLE 10—ARMED FORCES [§§ 1456 to 1460b fits to any person by reason of the enactment of such title VII for any period before Mar. 1, 1986, see section 731 of Pub. L. 99–145, set out as a note under section 1447 of this title. [SUBCHAPTER III—REPEALED] [§§ 1456 to 1460b. Repealed. Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961] Section 1456, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580, related to sup- plemental spouse coverage: establishment of plan; defi- nitions. Section 1457, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1580; amended Pub. L. 102–190, div. A, title VI, § 653(b)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 103–337, div. A, title X, § 1070(e)(5), Oct. 5, 1994, 108 Stat. 2859; Pub. L. 108–375, div. A, title VI, § 644(b)(1), Oct. 28, 2004, 118 Stat. 1960, related to supple- mental spouse coverage: payment of annuity; amount. Section 1458, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1581; amended Pub. L. 102–190, div. A, title VI, § 653(c)(1), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 108–136, div. A, title VI, § 645(b)(2), Nov. 24, 2003, 117 Stat. 1519; Pub. L. 108–375, div. A, title X, § 1084(d)(10), Oct. 28, 2004, 118 Stat. 2061, related to sup- plemental spouse coverage: eligible participants; elec- tions of coverage. Section 1459, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584, related to former spouse coverage: special rules. Section 1460, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1584; amended Pub. L. 102–190, div. A, title VI, § 653(b)(2), Dec. 5, 1991, 105 Stat. 1388; Pub. L. 110–181, div. A, title IX, § 906(c)(2), Jan. 28, 2008, 122 Stat. 277, related to supplemental spouse cov- erage: reductions in retired pay. Section 1460a, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585; amended Pub. L. 101–510, div. A, title XIV, § 1484(k)(5), Nov. 5, 1990, 104 Stat. 1719, related to incorporation of certain adminis- trative provisions. Section 1460b, added Pub. L. 101–189, div. A, title XIV, § 1404(a)(1), Nov. 29, 1989, 103 Stat. 1585, related to regu- lations. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 108–375, div. A, title VI, § 644(b)(2), Oct. 28, 2004, 118 Stat. 1961, provided that the repeal of this sub- chapter by section 644(b)(2) is effective Apr. 1, 2008. CHAPTER 74—DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND Sec. 1461. Establishment and purpose of Fund; defini- tion. 1462. Assets of Fund. 1463. Payments from the Fund. [1464. Repealed.] 1465. Determination of contributions to the Fund. 1466. Payments into the Fund. 1467. Investment of assets of Fund. Editorial Notes AMENDMENTS 2008—Pub. L. 110–181, div. A, title IX, § 906(b)(1)(B), Jan. 28, 2008, 122 Stat. 277, struck out item 1464 ‘‘Board of Actuaries’’. § 1461. Establishment and purpose of Fund; defi- nition (a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement Fund (herein- after 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 ac- cumulation of funds in order to finance on an actuarially sound basis liabilities of the Depart- ment of Defense and the Coast Guard under military retirement and survivor benefit pro- grams. (b) In this chapter, the term ‘‘military retire- ment and survivor benefit programs’’ means— (1) the provisions of this title creating enti- tlement to, or determining the amount of, re- tired or retainer pay; (2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members 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 (3) the authority provided in section 1408(h) of this title. (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 101–189, div. A, title XVI, § 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. A, title VI, § 653(b)(1), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8222, Jan. 1, 2021, 134 Stat. 4658.) Editorial Notes REFERENCES IN TEXT Section 4 of Public Law 92–425, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title. Section 5 of Public Law 96–402, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 inserted ‘‘and the Coast Guard’’ after ‘‘liabilities of the Department of Defense’’. 1992—Subsec. (b)(3). Pub. L. 102–484 added par. (3). 1989—Subsec. (b). Pub. L. 101–189 inserted ‘‘the term’’ after ‘‘In this chapter,’’. § 1462. Assets of Fund There shall be deposited into the Fund the fol- lowing, which shall constitute the assets of the Fund: (1) Amounts paid into the Fund under sec- tion 1466 of this title. (2) Any amount appropriated to the Fund. (3) Any return on investment of the assets of the Fund. (Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 645.) Statutory Notes and Related Subsidiaries TRANSFER OF APPROPRIATIONS Pub. L. 98–94, title IX, § 925(b)(3), Sept. 24, 1983, 97 Stat. 648, required transfer into the Fund on Oct. 1, 1984, of any unobligated balances of appropriations made to the Department of Defense that had been cur- rently available for retired pay, and provided that amounts so transferred would be deemed part of the as- sets of the Fund. § 1463. Payments from the Fund (a) There shall be paid from the Fund— 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