US Code

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

10 U.S.C. § 1115

Determination of contributions to the Fund

(a)
section 1116 of this title The Board shall determine the amount that is the present value (as of ) of future benefits payable from the Fund that are attributable to service in the participating uniformed services performed before . That amount is the original unfunded liability of the Fund. The Board shall determine the period of time over which the original unfunded liability should be liquidated and shall determine an amortization schedule for the liquidation of such liability over that period. Contributions to the Fund for the liquidation of the original unfunded liability in accordance with such schedule shall be made as provided in .
(b)
The Secretary of Defense shall determine, before the beginning of each fiscal year after , the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2). That amount shall be the sum of the following:
(1)
The product of—
(A)
the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(A) at the time of the next actuarial valuation under subsection (c); and
(B)
section 115(i) of this title the expected average force strength during that fiscal year for members of the uniformed services under the jurisdiction of the Secretary of Defense on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by .
(2)
The product of—
(A)
the current estimate of the value of the single level dollar amount to be determined under subsection (c)(1)(B) at the time of the next actuarial valuation under subsection (c); and
(B)
the expected average force strength during that fiscal year for members of the Selected Reserve of the uniformed services under the jurisdiction of the Secretary of Defense who are not otherwise described in paragraph (1)(B).
(c)
(1)
Not less often than every four years, the Secretary of Defense shall carry out an actuarial valuation of the Fund. Each such actuarial valuation shall include—
(A)
section 115(i) of this title a determination (using the aggregate entry-age normal cost method) of a single level dollar amount for members of the participating uniformed services on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by ; and
(B)
a determination (using the aggregate entry-age normal cost method) of a single level dollar amount for members of the Selected Reserve of the participating uniformed services who are not otherwise described by subparagraph (A).
Such single level dollar amounts shall be used for the purposes of subsection (b). The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.
(2)
If at the time of any such valuation there has been a change in benefits under the uniformed services retiree health care programs for medicare-eligible beneficiaries that has been made since the last such valuation and such change in benefits increases or decreases the present value of amounts payable from the Fund, the Secretary of Defense shall determine an amortization methodology and schedule for the amortization of the cumulative unfunded liability (or actuarial gain to the Fund) created by such change and any previous such changes so that the present value of the sum of the amortization payments (or reductions in payments that would otherwise be made) equals the cumulative increase (or decrease) in the present value of such amounts.
(3)
If at the time of any such valuation the Secretary of Defense determines that, based upon changes in actuarial assumptions since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or loss to the Fund created by such change in assumptions and any previous such changes in assumptions through an increase or decrease in the payments that would otherwise be made to the Fund.
(4)
If at the time of any such valuation the Secretary of Defense determines that, based upon the Fund’s actuarial experience (other than resulting from changes in benefits or actuarial assumptions) since the last valuation, there has been an actuarial gain or loss to the Fund, the Secretary shall determine an amortization methodology and schedule for the amortization of the cumulative gain or loss to the Fund created by such actuarial experience and any previous actuarial experience through an increase or decrease in the payments that would otherwise be made to the Fund.
(5)
section 1116 of this title Contributions to the Fund in accordance with amortization schedules under paragraphs (2), (3), and (4) shall be made as provided in .
(d)
All determinations under this section shall be made using methods and assumptions approved by the Board of Actuaries (including assumptions of interest rates and medical inflation) and in accordance with generally accepted actuarial principles and practices.
(e)
The Secretary of Defense shall provide for the keeping of such records as are necessary for determining the actuarial status of the Fund.

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654Pub. L. 107–107, div. A, title VII, § 711(b)(3)115 Stat. 1165Pub. L. 108–136, div. A, title VII, § 722(a)117 Stat. 1532Pub. L. 108–375, div. A, title VII, § 725(c)(2)118 Stat. 1992Pub. L. 109–364, div. A, title V, § 592(b)120 Stat. 2233(Added , title VII, § 713(a)(1)], , , 1654A–181; amended , (e)(1), , , 1166; , (c), title X, § 1045(a)(3), , , 1612; –(5), , ; , , .)

Editorial Notes

Amendments

Pub. L. 109–364, § 592(b)(1)(A)section 115(i) of this title2006—Subsec. (b)(1)(B). , substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by ” for “on active duty (other than active duty for training) and full-time National Guard duty (other than full-time National Guard duty for training only)”.

Pub. L. 109–364, § 592(b)(1)(B)Subsec. (b)(2)(B). , substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “Secretary of Defense”.

Pub. L. 109–364, § 592(b)(2)(A)section 115(i) of this titleSubsec. (c)(1)(A). , substituted “on active duty and full-time National Guard duty, but excluding any member who would be excluded for active-duty end strength purposes by ” for “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)”.

Pub. L. 109–364, § 592(b)(2)(B)Subsec. (c)(1)(B). , substituted “Selected Reserve” for “Ready Reserve” and struck out “(other than members on full-time National Guard duty other than for training)” after “uniformed services”.

Pub. L. 108–375, § 725(c)(2)2004—Subsec. (a). , substituted “1116” for “1116(c)”.

Pub. L. 108–375, § 725(c)(3)section 1116(a) of this titlesection 1116(a) of this titlesection 1105 of title 31Subsec. (b). , substituted “The Secretary of Defense shall determine, before the beginning of each fiscal year after , the total amount of the Department of Defense contribution to be made to the Fund for that fiscal year for purposes of section 1116(b)(2).” for “(1) The Secretary of Defense shall determine each year, in sufficient time for inclusion in budget requests for the following fiscal year, the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under .”, redesignated subpar. (A) as par. (1) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (1), redesignated subpar. (B) as par. (2) and cls. (i) and (ii) as subpars. (A) and (B), respectively, of par. (2), substituted “paragraph (1)(B)” for “subparagraph (A)(ii)” in par. (2)(B), and struck out former par. (2) which read as follows: “The amount determined under paragraph (1) for any fiscal year is the amount needed to be appropriated to the Department of Defense (or to the other executive department having jurisdiction over the participating uniformed service) for that fiscal year for payments to be made to the Fund during that year under . The President shall include not less than the full amount so determined in the budget transmitted to Congress for that fiscal year under . The President may comment and make recommendations concerning any such amount.”

Pub. L. 108–375, § 725(c)(4)section 1116(a) of this titleSubsec. (c)(1). , struck out “and ” after “subsection (b)” in concluding provisions.

Pub. L. 108–375, § 725(c)(5)Subsec. (c)(5). , substituted “1116” for “1116(c)”.

Pub. L. 108–136, § 722(c)section 1116(c) of this titlesection 1116(b) of this title2003—Subsec. (a). , substituted “” for “”.

Pub. L. 108–136, § 722(a)Subsec. (c)(1). , inserted at end of concluding provisions “The Secretary of Defense may determine a separate single level dollar amount under subparagraph (A) or (B) for any participating uniformed service, if, in the judgment of the Secretary, such a determination would produce a more accurate and appropriate actuarial valuation for that uniformed service.”

Pub. L. 108–136, § 1045(a)(3)Subsec. (c)(1)(B). , substituted “(other than members” for “and other than members”.

Pub. L. 108–136, § 722(c)section 1116(c) of this titlesection 1116(b) of this titleSubsec. (c)(5). , substituted “” for “”.

Pub. L. 107–107, § 711(b)(3)(A)2001—Subsec. (a). , inserted “participating” before “uniformed services”.

Pub. L. 107–107, § 711(b)(3)(B)Subsec. (b)(1)(A)(ii), (B)(ii). , inserted “under the jurisdiction of the Secretary of Defense” after “uniformed services”.

Pub. L. 107–107, § 711(b)(3)(C)Subsec. (b)(2). , inserted “(or to the other executive department having jurisdiction over the participating uniformed service)” after “Department of Defense”.

Pub. L. 107–107, § 711(b)(3)(D)Subsec. (c)(1)(A), (B). , inserted “participating” before “uniformed services”.

Pub. L. 107–107, § 711(e)(1)Subsec. (c)(2). , substituted “uniformed services retiree health care programs” for “Department of Defense retiree health care programs”.

Statutory Notes and Related Subsidiaries

Effective Date of 2006 Amendment

Pub. L. 109–364section 592(c) of Pub. L. 109–364section 1111 of this titleAmendment by effective with respect to payments under this chapter beginning with fiscal year 2008, see , set out as a note under .

Effective Date of 2004 Amendment

Pub. L. 108–375section 725(d) of Pub. L. 108–375section 1111 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 2001 Amendment

Pub. L. 107–107Pub. L. 106–398section 711(f) of Pub. L. 107–107section 1111 of this titleAmendment by effective as if included in the enactment of this chapter by , see , set out as a note under .

Effective Date

Pub. L. 106–398, § 1 [[div. A]114 Stat. 1654

“Section 1115 of such title (as added by such subsection) shall take effect on .”
, title VII, § 713(b)(2)], , , 1654A–184, provided that: