US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 1111

Establishment and purpose of Fund; definitions; authority to enter into agreements

(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)
42 U.S.C. 1395c The term “medicare-eligible”, with respect to any person, means entitled to benefits under part A of title XVIII of the Social Security Act ( et seq.).
(4)
The term “participating uniformed service” means the Army, Navy, Air Force, Marine Corps, and Space Force, 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)
section 1072(3) of this titlesection 1115(b) of this title The Secretary of Defense shall enter into an agreement with each other administering Secretary (as defined in ) 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 , and such contributions shall be paid into the Fund as provided in section 1116(a).

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title VII, § 711(a)115 Stat. 1164–1166Pub. L. 107–314, div. A, title VII, § 704(b)116 Stat. 2584Pub. L. 108–375, div. A, title VII, § 725(c)(1)118 Stat. 1992Pub. L. 109–364, div. A, title V, § 592(a)120 Stat. 2233Pub. L. 116–283, div. A, title IX, § 924(b)(1)(I)134 Stat. 3820(Added , title VII, § 713(a)(1)], , , 1654A–179; amended , (b)(1), (e)(1), (2), title X, § 1048(a)(12), , , 1223; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of Title 42The Social Security Act, referred to in subsec. (b)(3), is , . 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 and Tables.

Amendments

Pub. L. 116–2832021—Subsec. (b)(4). substituted “Marine Corps, and Space Force” for “and Marine Corps”.

Pub. L. 109–364, § 592(a)(1)2006—Subsec. (a). , substituted “of the uniformed services” for “of the Department of Defense”.

Pub. L. 109–364, § 592(a)(2)Subsec. (b)(5). , added par. (5).

Pub. L. 108–3752004—Subsec. (c). 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”.

Pub. L. 107–3142002—Subsec. (c). 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.

Pub. L. 107–107, § 711(e)(2)2001—, inserted “; authority to enter into agreements” after “definitions” in section catchline.

Pub. L. 107–107, § 1048(a)(12)Subsec. (a). , 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”.

Pub. L. 107–107, § 711(a)Subsec. (b). , 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.

42 U.S.C. 1395c“(2) The term ‘medicare-eligible’ means entitled to benefits under part A of title XVIII of the Social Security Act ( et seq.).

section 1072 of this titlesection 1076(b)(1) of this title“(3) The term ‘dependent’ means a dependent (as such term is defined in ) described in .”

Pub. L. 107–107, § 711(b)(1)Subsec. (c). , added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364, div. A, title V, § 592(c)120 Stat. 2234

section 1115 of this title“The amendments made by this section [amending this section and ] shall take effect with respect to payments under chapter 56 of title 10, United States Code, beginning with fiscal year 2008.”
, , , provided that:

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title VII, § 725(d)118 Stat. 1992

“The amendments made by this section [amending this section and sections 1115 and 1116 of this title] shall take effect on .”
, , , provided that:

Effective Date of 2001 Amendment

Pub. L. 107–107, div. A, title VII, § 711(f)115 Stat. 1167

Public Law 106–398114 Stat. 1654“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 ; A–179).”
, , , provided that:

Payment of Contributions for the Uniformed Service of the Public Health Service

Pub. L. 108–7, div. F, title II117 Stat. 261

10 U.S.C. 1111“That notwithstanding any other provision of law, contributions authorized by 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”.
, , , provided in part: