U.S. Code » Title 10 » Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 74— DEPARTMENT OF DEFENSE MILITARY RETIREMENT FUND

10 U.S.C. § 1461

Establishment and purpose of Fund; definition

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(a) There is established on the books of the Treasury a fund to be known as the Department of Defense Military Retirement 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 Department of Defense and the Coast Guard under military retirement and survivor benefit programs.(b) In this chapter, the term “military retirement and survivor benefit programs” means—(1) the provisions of this title creating entitlement to, or determining the amount of, retired or retainer pay;(2) the programs under the jurisdiction of the Department of Defense providing annuities for survivors of members and former members of the armed forces, including chapter 73 of this title, section 4 of Public Law 92–425, and section 5 of Public Law 96–402; and(3) the authority provided in section 1408(h) of this title.(Added Pub. L. 98–94, title IX, § 925(a)(1), Sept. 24, 1983, 97 Stat. 644; amended Pub. L. 101–189, div. A, title XVI, § 1622(e)(7), Nov. 29, 1989, 103 Stat. 1605; Pub. L. 102–484, div. A, title VI, § 653(b)(1), Oct. 23, 1992, 106 Stat. 2428; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], § 8222, Jan. 1, 2021, 134 Stat. 4658.)Editorial NotesReferences in Text

Section 4 of Public Law 92–425, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.

Section 5 of Public Law 96–402, referred to in subsec. (b)(2), is set out as a note under section 1448 of this title.

Amendments

2021—Subsec. (a). Pub. L. 116–283 inserted “and the Coast Guard” after “liabilities of the Department of Defense”.

1992—Subsec. (b)(3). Pub. L. 102–484 added par. (3).

1989—Subsec. (b). Pub. L. 101–189 inserted “the term” after “In this chapter,”.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2013–2022 · leading case: Gardner v. State, 43 Misc. 3d 211 (2013).
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Gardner v. State, 43 Misc. 3d 211 (2013). · cites it 2× “Title 10, section 1461, established the Department of Defense Military Retirement Fund used “to finance on an actuarially sound basis liabilities of the Department of Defense under military retirement and survivor benefit programs” ( 10 USC § 1461 [a]). Included in these…”
Reaves v. United States (Fed. Cir. 2022). “10 U.S.C. § 1461 . Thus, the Claims Court failed to set forth an adequate basis for concluding that Mr.”
Reaves v. United States (Fed. Cir. 2022). “10 U.S.C. § 1461 . Thus, the Claims Court failed to set forth an adequate basis for concluding that Mr.”
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