10 U.S.C. § 1466
10 U.S.C. § 1466
EDITORIAL NOTES
REFERENCES IN TEXTSection 5532 of title 5, referred to in subsec. (d)(1), was repealed by Pub. L. 106-65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664.
CODIFICATIONPub. 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.
AMENDMENTS2021-Subsec. (a). Pub. L. 117-81, in introductory provisions, substituted "with respect to the Coast Guard" for "with respect to the Coast guard". Pub. L. 116-283, §8225(1)(A), (C), in introductory provisions, substituted "Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, with respect to the Coast guard, shall" for "Secretary of Defense shall" and "each month the respective pro rata share contribution of the Secretary of Defense and the Secretary of the department in which the Coast Guard is operating" for "each month as the Department of Defense contribution" and struck out concluding provisions which read as follows:"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)(2)(B). Pub. L. 116-283, §8225(1)(B), struck out "(other than the Coast Guard)" after "armed forces".Subsec. (b). Pub. L. 116-283, §8225(1)(C), added subsec. (b). Former subsec. (b) redesignated (c).Subsec. (c). Pub. L. 116-283, §8225(2), which directed redesignation of subsec. (b) as (c), was executed by redesignating the subsec. (b) relating to the prompt payment by the Secretary of the Treasury of certified amounts under the amortization schedule determined by the Board of Actuaries as (c). Former subsec. (c) redesignated (d).Subsec. (c)(2)(A). Pub. L. 116-283, §8225(3)(A), substituted "liabilities of the Fund for the Department of Defense and the Coast Guard." for "liability of the Fund."Subsec. (c)(3). Pub. L. 116-283, §8225(3)(B), inserted "and the Secretary of the Department in which the Coast Guard is operating" before "shall promptly".Subsec. (d). Pub. L. 116-283, §8225(2), redesignated subsec. (c) as (d).2008-Subsec. (a)(1)(B). Pub. L. 110-181, §1063(c)(4), amended Pub. L. 109-364, §591(b)(1) . See 2006 Amendment note below.Subsec. (c)(3). Pub. L. 110-181, §906(c)(3), struck out "Retirement" before "Board of Actuaries".2006-Subsec. (a)(1)(B). Pub. L. 109-364, §591(b)(1), as amended by Pub. L. 110-181, §1063(c)(4), substituted "for active duty (other than the Coast Guard) and for full-time National Guard duty (other than full-time National Guard duty for training only), but excluding the amount expected to be paid for any duty that would be excluded for active-duty end strength purposes by section 115(i) of this title." for "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)." Subsec. (a)(2)(B). Pub. L. 109-364, §591(b)(2), substituted "Selected Reserve" for "Ready Reserve" and "Coast Guard) for service" for "Coast Guard and other than members on full-time National Guard duty other than for training) who are".2004-Subsec. (b)(2)(D). Pub. L. 108-375 substituted "1413a" for "1413, 1413a,". 2003-Subsec. (b)(1). Pub. L. 108-136, §641(c)(5)(A), substituted "sections 1465(a), 1465(b)(3), 1465(c)(2), and 1465(c)(3)" for "sections 1465(a) and 1465(c)".Subsec. (b)(2)(D). Pub. L. 108-136, §641(c)(5)(B), added subpar. (D). 1999-Subsec. (c). Pub. L. 106-65 added subsec. (c).1987-Subsec. (a). Pub. L. 100-26, §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, §4(a)(1), amended Pub. L. 99-500 and 99-591, title I, §101(c) [title IX, §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, §101(c) [§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, §101(c) [title IX, §9103(3)], as amended by Pub. L. 100-26, §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.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110-181, div. A, title X, §1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(4) is effective as of Oct. 17, 2006, and as if included in the John Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L. 109-364, as enacted.
EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109-364 effective Oct. 1, 2007, see section 591(c) of Pub. L. 109-364, set out as a note under section 1465 of this title.
EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-136 effective Oct. 1, 2003, with Secretary of Defense to provide for certain administrative adjustments, see section 641(c)(6) of Pub. L. 108-136, set out as a note under section 1413a of this title.
EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106-65, div. A, title VI, §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 Pub. L. 100-26, §12(b), Apr. 21, 1987, 101 Stat. 289, 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, §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, §9103(3)] of Pub. L. 99-500 and Pub. L. 99-591 effective Sept. 1, 1987, see section 101(c) [title IX, §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 DATESection 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.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- full-time National Guard duty
- The term "full-time National Guard duty" means training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States or the Air National Guard of the United States in the member's status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia under section 316, 502, 503, 504, or 505 of title 32 for which the member is entitled to pay from the United States or for which the member has waived pay from the United States.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
- uniformed services
- The term "uniformed services" means-(A) the armed forces;(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and(C) the commissioned corps of the Public Health Service.