
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1409]
[CITE: 10USC2772]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
             CHAPTER 165--ACCOUNTABILITY AND RESPONSIBILITY
 
Sec. 2772. Share of fines and forfeitures to benefit Armed 
        Forces Retirement Home
        
    (a) Deposit Required.--The Secretary of the military department 
concerned shall deposit in the Armed Forces Retirement Home Trust Fund a 
percentage (determined under subsection (b)) of the following amounts:
        (1) The amount of forfeitures and fines adjudged against an 
    enlisted member, warrant officer, or limited duty officer of the 
    armed forces by sentence of a court martial or under authority of 
    section 815 of this title (article 15) over and above any amount 
    that may be due from the member, warrant officer, or limited duty 
    officer for the reimbursement of the United States or any 
    individual.
        (2) The amount of forfeitures on account of the desertion of an 
    enlisted member, warrant officer, or limited duty officer of the 
    armed forces.

    (b) Determination of Percentage.--The Armed Forces Retirement Home 
Board shall determine, on the basis of the financial needs of the Armed 
Forces Retirement Home, the percentage of the amounts referred to in 
subsection (a) to be deposited in the trust fund referred to in such 
subsection.
    (c) Application to Coast Guard.--In this section, the term ``armed 
forces'' does not include the Coast Guard when it is not operating as a 
service in the Navy.

(Added Pub. L. 101-189, div. A, title III, Sec. 342(a)(1), Nov. 29, 
1989, 103 Stat. 1419; amended Pub. L. 101-510, div. A, title XV, 
Sec. 1533(a)(3), (4)(A), Nov. 5, 1990, 104 Stat. 1733.)


                            Prior Provisions

    A prior section 2772, act Aug. 10, 1956, ch. 1041, 70A Stat. 156, 
authorized withholding of pay of officers of the Army, Navy, Air Force, 
or Marine Corps, and is covered by section 1007 of Title 37, Pay and 
Allowances of the Uniformed Services, prior to repeal by Pub. L. 87-649, 
Sec. 14c(3), Sept. 7, 1962, 76 Stat. 501, effective Nov. 1, 1962.


                               Amendments

    1990--Pub. L. 101-510, Sec. 1533(a)(4)(A), substituted ``Retirement 
Home'' for ``retirement homes'' in section catchline and amended text 
generally, substituting subsecs. (a) to (c) relating to shares of fines 
and forfeitures to benefit the Armed Forces Retirement Home for former 
subsecs. (a) and (b) relating to shares of fines and forfeitures to 
benefit the Soldiers' Home and the Naval Home.
    Pub. L. 101-510, Sec. 1533(a)(3), inserted ``and forfeitures'' after 
``fines'' in subsecs. (a)(1)(A) and (b)(1)(A) and substituted ``, 
warrant officer, or limited duty officer'' for ``or warrant officer'' 
wherever appearing.


                    Effective Date of 1990 Amendment

    Section 1533(a)(3) of Pub. L. 101-510 provided that the amendment by 
that section is effective Nov. 5, 1990.
    Amendment by section 1533(a)(4)(A) of Pub. L. 101-510 effective one 
year after Nov. 5, 1990, see section 1541 of Pub. L. 101-510, set out as 
an Effective Date note under section 401 of Title 24, Hospitals and 
Asylums.


                             Effective Date

    Section 342(b) of Pub. L. 101-189 provided that:
    ``(1) Subsection (a) of section 2772 of such title [10 U.S.C. 
2772(a)], as added by subsection (a), shall apply with respect to fines 
and forfeitures adjudged after the date of the enactment of this Act 
[Nov. 29, 1989].
    ``(2) Subsection (b) of such section shall apply with respect to 
fines and forfeitures adjudged after May 31, 1990.''

                  Section Referred to in Other Sections

    This section is referred to in title 24 section 419.
