10-U.S.C.-1111
§1111 – Establishment and Purpose of Fund; Definitions; Authority to Enter Into Agreements
Pathway
Title 10 > Subtitle A > Part II > Chapter 56 > Section 1111
Details
- Reference: Section 1111
- Legend: §1111 – Establishment and Purpose of Fund; Definitions; Authority to Enter Into Agreements
- USCode Year: 2013
Provision Content
(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, and Marine Corps, 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).
(Added Pub. L. 106–398, §1 [[div. A], title VII, §713(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–179; amended Pub. L. 107–107, div. A, title VII, §711(a), (b)(1), (e)(1), (2), title X, §1048(a)(12), Dec. 28, 2001, 115 Stat. 1164–1166, 1223; Pub. L. 107–314, div. A, title VII, §704(b), Dec. 2, 2002, 116 Stat. 2584; Pub. L. 108–375, div. A, title VII, §725(c)(1), Oct. 28, 2004, 118 Stat. 1992; Pub. L. 109–364, div. A, title V, §592(a), Oct. 17, 2006, 120 Stat. 2233.)
References in Text
The Social Security Act, referred to in subsec. (b)(3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. 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
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).
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 sections 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 sections 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.
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1106 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1106, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Health Care
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to health care in the American Encyclopedia of Law, presenting a comprehensive view of the United States health care-specific issues, written by authorities in the field.
10-U.S.C.-1108 in the Legal Encyclopedia: Enlistments
In this entry about 10-U.S.C.-1108, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.
Leave a Reply