
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1466]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
       CHAPTER 74--DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND
 
Sec. 1466. Payments into the Fund

    (a) The Secretary of Defense shall pay into the Fund at the end of 
each month as the Department of Defense contribution 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 determined using all 
        the methods and assumptions 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 by 
        members 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).

        (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 recent (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 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 and of compensation (paid 
        pursuant to section 206 of title 37) accrued for that month by 
        members of the Ready Reserve of the armed forces (other than the 
        Coast Guard and other than members on full-time National Guard 
        duty other than for training) who are not otherwise described in 
        paragraph (1)(B).

Amounts paid into the Fund under this subsection shall be paid from 
funds available for the pay of members of the armed forces under the 
jurisdiction of the Secretary of a military department.
    (b)(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 Fund for that fiscal year required by sections 1465(a) and 1465(c) 
of this title.
    (2) At the beginning of each fiscal year the Secretary of Defense 
shall determine the sum of the following:
        (A) The amount of the payment for that year under the 
    amortization schedule determined by the Board of Actuaries under 
    section 1465(a) of this title for the amortization of the original 
    unfunded liability of the Fund.
        (B) The amount (including any negative amount) for that year 
    under the most recent amortization schedule determined by the 
    Secretary of Defense under section 1465(c)(2) of this title for the 
    amortization of any cumulative unfunded liability (or any gain) to 
    the Fund resulting from changes in benefits.
        (C) The amount (including any negative amount) for that year 
    under the most recent amortization schedule determined by the 
    Secretary of Defense under section 1465(c)(3) of this title for the 
    amortization of any cumulative actuarial gain or loss to the Fund.

    (3) The Secretary of Defense shall promptly certify the amount 
determined under paragraph (2) each year to the Secretary of the 
Treasury.
    (c)(1) The Secretary of Defense shall pay into the Fund at the 
beginning of each fiscal year such amount as may be necessary to pay the 
cost to the Fund for that fiscal year resulting from the repeal, as of 
October 1, 1999, of section 5532 of title 5, including any actuarial 
loss to the Fund resulting from increased benefits paid from the Fund 
that are not fully covered by the payments made to the Fund for that 
fiscal year under subsections (a) and (b).
    (2) Amounts paid into the Fund under this subsection shall be paid 
from funds available for the pay of members of the armed forces under 
the jurisdiction of the Secretary of a military department.
    (3) The Department of Defense Retirement Board of Actuaries shall 
determine, for each armed force, the amount required under paragraph (1) 
to be deposited in the Fund each fiscal year.

(Added Pub. L. 98-94, title IX, Sec. 925(a)(1), Sept. 24, 1983, 97 Stat. 
647; amended Pub. L. 99-500, Sec. 101(c) [title IX, Secs. 9103(3), 
9131], Oct. 18, 1986, 100 Stat. 1783-82, 1783-118, 1783-128, and Pub. L. 
99-591, Sec. 101(c) [title IX, Secs. 9103(3), 9131], Oct. 30, 1986, 100 
Stat. 3341-82, 3341-118, 3341-128; Pub. L. 99-661, div. A, title VI, 
Sec. 661(b), Nov. 14, 1986, 100 Stat. 3892; Pub. L. 100-26, 
Secs. 4(a)(1), 7(a)(3), Apr. 21, 1987, 101 Stat. 274, 275; Pub. L. 106-
65, div. A, title VI, Sec. 651(b), Oct. 5, 1999, 113 Stat. 664.)

                       References in Text

    Section 5532 of title 5, referred to in subsec. (c)(1), was repealed 
by Pub. L. 106-65, div. A, title VI, Sec. 651(a)(1), Oct. 5, 1999, 113 
Stat. 664.

                          Codification

    Pub. L. 99-591 is a corrected version of Pub. L. 99-500.
    Amendment of section by section 9131 of 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 section 9131 of Pub. L. 99-500 and Pub. L. 99-591. S. 2638 was 
subsequently enacted as Pub. L. 99-661.


                               Amendments

    1999--Subsec. (c). Pub. L. 106-65 added subsec. (c).
    1987--Subsec. (a). Pub. L. 100-26, Sec. 7(a)(3), inserted at end 
``Amounts paid into the Fund under this subsection shall be paid from 
funds available for the pay of members of the armed forces under the 
jurisdiction of the Secretary of a military department.''
    Subsec. (a)(1)(B), (2)(B). Pub. L. 100-26, Sec. 4(a)(1), amended 
Pub. L. 99-500 and 99-591, title I, Sec. 101(c) [title IX, 
Sec. 9103(3)]. See 1986 Amendment note below.
    1986--Subsec. (a). Pub. L. 99-661 amended first sentence of subsec. 
(a), which after amendment by Pub. L. 99-500 and Pub. L. 99-591 was the 
only sentence of subsec. (a), by substituting language which was 
substantially identical to that substituted by Pub. L. 99-500 and Pub. 
L. 99-591.
    Pub. L. 99-500 and Pub. L. 99-591, title I, Sec. 101(c) [Sec. 9131], 
amended subsec. (a) generally. Prior to amendment, subsec. (a) read as 
follows: ``The Secretary of Defense shall pay into the Fund at the end 
of each month as the Department of Defense contribution to the Fund for 
that month the amount that is the product of--
        ``(1) the level percentage of basic pay determined under the 
    most recent (as of the first day of the current fiscal year) 
    actuarial valuation under section 1465(c) of this title; and
        ``(2) the total amount of basic pay paid that month to members 
    of the armed forces (other than the Coast Guard) on active duty or 
    in the Selected Reserve.
Amounts paid into the Fund under this subsection shall be paid from 
funds available for the pay of members of the armed forces under the 
jurisdiction of the Secretary of a military department.''
    Subsec. (a)(1)(B), (2)(B). Pub. L. 99-500 and Pub. L. 99-591, title 
I, Sec. 101(c) [title IX, Sec. 9103(3)], as amended by Pub. L. 100-26, 
Sec. 4(a)(1), substituted ``accrued for that month by'' for ``paid that 
month to'' in pars. (1)(B) and (2)(B) as amended by section 661(b) of 
Pub. L. 99-661, see above.


                    Effective Date of 1999 Amendment

    Pub. L. 106-65, div. A, title VI, Sec. 651(c), Oct. 5, 1999, 113 
Stat. 664, provided that: ``The amendments made by this section 
[amending this section and repealing section 5532 of Title 5, Government 
Organization and Employees] shall take effect on October 1, 1999.''


                    Effective Date of 1987 Amendment

    Section 12(b) of Pub. L. 100-26 provided that: ``The amendments made 
by section 4 [amending this section and provisions set out as a note 
under section 1014 of Title 37, Pay and Allowances of the Uniformed 
Services] shall apply as if included in Public Laws 99-500 and 99-591 
when enacted on October 18, 1986, and October 30, 1986, respectively.''


                    Effective Date of 1986 Amendments

    Amendment by Pub. L. 99-661 applicable to payments required to be 
made under subsec. (a) of this section for months beginning on or after 
Nov. 14, 1986, see section 661(d) of Pub. L. 99-661, set out as a note 
under section 1465 of this title.
    Amendment by section 101(c) [title IX, Sec. 9131] of Pub. L. 99-500 
and Pub. L. 99-591 effective Oct. 18, 1986, and applicable to payments 
required to be made under subsec. (a) of this section for months 
beginning on or after that date, see section 642(c) of S. 2638, as 
enacted into law, set out as a note under section 1465 of this title.
    Amendment by section 101(c) [title IX, Sec. 9103(3)] of Pub. L. 99-
500 and Pub. L. 99-591 effective Sept. 1, 1987, see section 101(c) 
[title IX, Sec. 9103(4)] of Pub. L. 99-500 and Pub. L. 99-591, as 
amended, set out as an Effective Date note under section 1014 of Title 
37, Pay and Allowances of the Uniformed Services.


                             Effective Date

    Section effective Oct. 1, 1984, see section 925(b)(2) of Pub. L. 98-
94, set out as a note under section 1463 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1462, 1465 of this title.
