10 U.S.C. § 2772 | Share of fines and forfeitures to benefit Armed Forces Retirement Home

(a)

Deposit Required .—

The Secretary of the military department concerned or, in the case of the Coast Guard, the Commandant shall deposit in the Armed Forces Retirement Home Trust Fund a percentage (determined under subsection (b)) of the following amounts:

(1)

section 815 of this title 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 (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 Chief Operating Officer of the Armed Forces Retirement Home 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.

Pub. L. 101–189, div. A, title III, § 342(a)(1)Nov. 29, 1989103 Stat. 1419 Pub. L. 101–510, div. A, title XV, § 1533(a)(3)Nov. 5, 1990104 Stat. 1733 Pub. L. 111–281, title II, § 205(b)(1)Oct. 15, 2010124 Stat. 2911 Pub. L. 112–81, div. A, title V, § 567(b)(2)(B)Dec. 31, 2011125 Stat. 1425(Added , , ; amended , (4)(A), , ; , , ; , , .)

Editorial Notes

Prior Provisions

act Aug. 10, 1956, ch. 1041 70A Stat. 156 section 1007 of Title 37 Pub. L. 87–649, § 14c(3)Sept. 7, 196276 Stat. 501Nov. 1, 1962A prior section 2772, , , authorized withholding of pay of officers of the Army, Navy, Air Force, or Marine Corps, and is covered by , Pay and Allowances of the Uniformed Services, prior to repeal by , , , effective .

Amendments

Pub. L. 112–812011—Subsec. (b). substituted “Chief Operating Officer of the Armed Forces Retirement Home” for “Armed Forces Retirement Home Board”.

Pub. L. 111–281, § 205(b)(1)(A)2010—Subsec. (a). , inserted “or, in the case of the Coast Guard, the Commandant” after “concerned” in introductory provisions.

Pub. L. 111–281, § 205(b)(1)(B)Subsec. (c). , struck out subsec. (c). Text read as follows: “In this section, the term ‘armed forces’ does not include the Coast Guard when it is not operating as a service in the Navy.”

Pub. L. 101–510, § 1533(a)(4)(A)1990—, 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, § 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.

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title XV, § 1533(a)(3)Nov. 5, 1990104 Stat. 1733Nov. 5, 1990Pub. L. 107–107, div. A, title XIV, § 1409Dec. 28, 2001115 Stat. 1265, , , provided that the amendment by that section was effective , prior to repeal by , , .

section 1533(a)(4)(A) of Pub. L. 101–510Nov. 5, 1990section 1541 of Pub. L. 101–510 section 401 of Title 24Amendment by effective one year after , see , formerly set out as an Effective Date note under , Hospitals and Asylums.

Effective Date

Pub. L. 101–189, div. A, title III, § 342(b)Nov. 29, 1989103 Stat. 1420

“(1)

10 U.S.C. 2772(a)Nov. 29, 1989 Subsection (a) of section 2772 of such title [], as added by subsection (a), shall apply with respect to fines and forfeitures adjudged after the date of the enactment of this Act [].

“(2)

May 31, 1990 Subsection (b) of such section shall apply with respect to fines and forfeitures adjudged after .”

, , , provided that: