8 401. Definitions For purposes of this chapter: (1) The term "Retirement Home" means the Armed Forces Retirement Home established under section 411(a) of this title. (2) The term "Retirement Home Board" means the Armed Forces Retirement Home Board. (3) The term "Local Board” means a Board of Trustees established for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes. (4) The term "Director" means a Director of the Armed Forces Retirement Home appointed under section 417(a) of this title. (5) The term "Fund" means the Armed Forces Retirement Home Trust Fund established under section 419(a) of this title. (6) The term "Armed Forces" does not include the Coast Guard when it is not operating as a service in the Navy. (7) The term "chief personnel officers" means (A) the Deputy Chief of Staff for Personnel of the Army; (B) the Chief of Naval Personnel; (C) the Deputy Chief of Staff, Manpower and Personnel of the Air Force; and (D) the Deputy Chief of Staff for Manpower of the Marine Corps. (8) The term "senior noncommissioned officers" means the following: (A) The Sergeant Major of the Army. (B) The Master Chief Petty Officer of the Navy. (C) The Chief Master Sergeant of the Air Force. (D) The Sergeant Major of the Marine Corps. (Pub. L. 101-510, div. A, title XV, § 1502, Nov. 5, 1990, 104 Stat. 1722.) REFERENCES IN TEXT This chapter, referred to in text, was in the original "this title", meaning title XV of Pub. L. 101-510, div. A, Nov. 5, 1990, 104 Stat. 1722, as amended, which is classified principally to this chapter. For complete classification of title XV to the Code, see Short Title note below and Tables. EFFECTIVE DATE Section 1541 of title XV of div. A of Pub. L. 101-510, as amended by Pub. L. 103-160, div. A, title III, § 366(f), Nov. 30, 1993, 107 Stat. 1632, provided that: “(a) IN GENERAL.-Except where otherwise specified, this title [see Short Title note below] and the amendments made by this title shall take effect one year after the date of the enactment of this Act [Nov. 5, 1990]. "(b) ESTABLISHMENT OF FUND.-Sections 1519, 1531, and 1533(c)(1) [enacting sections 419 and 431 of this title and amending section 1321 of Title 31, Money and Finance] shall take effect on the date of the enactment of this Act (Nov. 5, 1990). "(c) APPOINTMENT OF BOARD.—The provisions of section 1515 [enacting section 415 of this title] relating to the appointment and designation of members of the Retirement Home Board and Local Boards shall take effect on October 1, 1991. "(d) APPLICABILITY.-Section 1520 of this Act [enacting section 420 of this title] shall apply to the estate of each resident of the Armed Forces Retirement Home, including the United States Soldiers' and Airmen's Home and the Naval Home, who dies after November 29, 1989.” SHORT TITLE Section 1501 of title XV of div. A of Pub. L. 101-510 provided that: "This title [enacting this chapter, amending section 6a of this title, sections 1089, 2575, 2772, 4624, 4712, 9624, and 9712 of Title 10, Armed Forces, section 1321 of Title 31, Money and Finance, section 1007 of Title 37, Pay and Allowances of the Uniformed Services, and section 906 of Title 44, Public Printing and Documents, repealing sections 21a to 25, 41 to 43, 44b, 45 to 46b, 48 to 50, 54, and 59 of this title and sections 4713 and 9713 of Title 10, and enacting provisions set out as notes under this section and section 2772 of Title 101 may be cited as the 'Armed Forces Retirement Home Act of 1991'." SUBCHAPTER I-ESTABLISHMENT AND OPERATION OF RETIREMENT HOME § 411. Establishment of Armed Forces Retirement Home (a) Inclusion of existing homes The United States Soldiers' and Airmen's Home and the Naval Home are hereby incorporated into an independent establishment in the Executive branch of the Federal Government to be known as the Armed Forces Retirement Home. (b) Purpose The purpose of the Retirement Home is to provide, through the United States Soldiers' and Airmen's Home and the Naval Home, a residence and related services for certain retired and former members of the Armed Forces. (c) Operation Each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes shall be operated by a Director under the overall supervision of the Armed Forces Retirement Home Board. (d) Property and facilities (1) The Retirement Home shall consist of such property and facilities as may be transferred to the Retirement Home or acquired by the Retirement Home Board for inclusion in the Retirement Home. (2) On the effective date specified in section 1541(a), the property and facilities known and operated as the Naval Home and the United States Soldiers' and Airmen's Home shall be transferred to, and made a part of, the Retirement Home. (e) Department of Defense support The Secretary of Defense may make available to the Retirement Home, on a nonreimbursable basis, administrative support and office services, legal and policy planning assistance, access to investigative facilities of the Inspector General of the Department of Defense and of the military departments, and any other support necessary to enable the Retirement Home to carry out its functions under this chapter. (f) Accreditation The Retirement Home Board shall endeavor to secure for each facility of the Retirement Home maintained as a separate establishment of the Retirement Home for administrative purposes the accreditation of that facility by a nationally recognized civilian accrediting organization, such as the Continuing Care Accreditation Commission and the Joint Commission for Accreditation of Health Organizations. (Pub. L. 101-510, div. A, title XV, § 1511, Nov. 5, 1990, 104 Stat. 1723; Pub. L. 103-160, div. A, title III, § 366(a), Nov. 30, 1993, 107 Stat. 1630.) REFERENCES IN TEXT For the effective date specified in section 1541(a), referred to in subsec. (d)(2), see Effective Date note below. This chapter, referred to in subsec. (e), was in the original "this Act", and was translated as reading "this title", meaning title XV of Pub. L. 101-510, div. A, Nov. 5, 1990, 104 Stat. 1722, as amended, known as the "Armed Forces Retirement Home Act of 1991", which is classified principally to this chapter. For complete classification of title XV to the Code, see Short Title note set out under section 401 of this title and Tables. AMENDMENTS 1993-Subsecs. (e), (f). Pub. L. 103-160 added subsec. (e) and redesignated former subsec. (e) as (f). EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as a note under section 401 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 401 of this title. § 412. Residents of Retirement Home (a) Persons eligible to be residents Except as provided in subsection (b) of this section, the following persons who served as members of the Armed Forces, at least one-half of whose service was not active commissioned service (other than as a warrant officer or limited-duty officer), are eligible to become residents of the Retirement Home: (1) Persons who (A) are 60 years of age or over; and (B) were discharged or released from service in the Armed Forces under honorable conditions after 20 or more years of active service. (2) Persons who are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of a service-connected disability incurred in the line of duty in the Armed Forces. (3) Persons who (A) served in a war theater during a time of war declared by Congress or were eligible for hostile fire special pay under section 310 of title 37; (B) were discharged or released from service in the Armed Forces under honorable conditions; and (C) are determined under rules prescribed by the Retirement Home Board to be incapable of earning a livelihood because of injuries, disease, or disability. (4) Persons who (A) served in a women's component of the Armed Forces before June 12, 1948; and (B) are determined under rules prescribed by the Retirement Home Board to be eligible for admission because of compelling personal circumstances. (b) Persons ineligible to be residents A person described in subsection (a) of this section who has been convicted of a felony or is not free of drug, alcohol, or psychiatric problems shall be ineligible to become a resident of the Retirement Home. (c) Acceptance To apply for acceptance as a resident of a facility of the Retirement Home, a person eligible to be a resident shall submit to the Director of that facility an application in such form and containing such information as the Retirement Home Board may require. (d) Priorities for acceptance The Retirement Home Board shall establish a system of priorities for the acceptance of residents so that the most deserving applicants will be accepted whenever the number of eligible applicants is greater than the Retirement Home can accommodate. (e) Effect of departure A resident of the Retirement Home who leaves the Retirement Home for more than 45 consecutive days (other than for inpatient medical care) shall be required to reapply for acceptance as a resident. (f) Application of eligibility requirements to current residents of Naval Home and Soldiers' and Airmen's Home Residents of the Naval Home and the United States Soldiers' and Airmen's Home as of the effective date specified in section 1541(a)— (1) shall not be required to apply for acceptance as residents of the Retirement Home; and (2) shall become residents of the Retirement Home on that date. (Pub. L. 101-510, div. A, title XV, § 1512, Nov. 5, 1990, 104 Stat. 1724.) REFERENCES IN TEXT For the effective date specified in section 1541(a), referred to in subsec. (f), see Effective Date note below. EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as a note under section 401 of this title. § 413. Services provided residents (a) Services provided Except as provided in subsection (b) of this section, a resident of the Retirement Home shall receive the services authorized by the Retirement Home Board. (b) Medical and dental care The Retirement Home shall provide for the overall health care needs of residents in a high quality and cost-effective manner, including on site primary care, medical care, and a continuum of long-term care services. Secondary and tertiary hospital care for residents that is not available at a facility maintained as a separate establishment of the Retirement Home shall, to the extent available, be obtained by agreement with the Secretary of Veterans Affairs or the Secretary of Defense in a facility administered by such Secretary. The Retirement Home shall not be responsible for the costs incurred for such care by a resident of the Retirement Home who uses a private medical facility for such care. The Retirement Home may not construct an acute care facility. (Pub. L. 101-510, div. A, title XV, § 1513, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103-160, div. A, title III, § 366(c), Nov. 30, 1993, 107 Stat. 1630.) AMENDMENTS 1993-Subsec. (b). Pub. L. 103-160 added second and third sentences and struck out former second sentence which read as follows: "Secondary and tertiary hospital care for residents that is not available at the Retirement Home shall be obtained through agreements with facilities administered by the Secretary of Veterans Affairs or the Secretary of Defense or at private facilities." EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as a note under section 401 of this title. § 414. Fees paid by residents (a) Monthly fees The Directors shall collect from each resident of the Retirement Home a monthly fee. (b) Deposit of fees The Directors shall deposit fees collected under subsection (a) of this section in the Armed Forces Retirement Home Trust Fund. (c) Fixing fees (1) The Retirement Home Board shall from time to time fix the fee required by subsection (a) of this section on the basis of the financial needs of the Retirement Home and the ability of the residents to pay. (2) The fee shall be fixed as a percentage of Federal payments made to a resident, including monthly retired or retainer pay, monthly civil service annuity, monthly compensation or pension paid to the resident by the Secretary of Veterans Affairs, and Social Security payments. Residents who do not receive such Federal payments shall be required to pay a monthly fee that is equivalent to the average monthly fee paid by residents who receive Federal payments, subject to such adjustments in the fee as the Retirement Home Board may make. The percentage shall be the same for each establishment of the Retirement Home. (d) Application of fees to current residents of Naval Home and Soldiers' and Airmen's Home (1) Each resident of the Naval Home who becomes a resident of the Retirement Home on the effective date specified in section 1541(a) shall begin paying a monthly fee that is equal to 12.5 percent of the Federal payments made to the resident. Each year thereafter, the fee for such resident under this subsection shall be increased 2.5 percent until the percentage fixed under subsection (c) of this section has been reached. Such percentage increase may be adjusted so that the conversion to the fee fixed under subsection (c) of this section is accomplished under this subsection within six years after such effective date. (2) A resident of the United States Soldiers' and Airmen's Home who becomes a resident of the Retirement Home on such date and who received Federal payments referred to in subsection (c) of this section that were not considered for purposes of determining the resident's monthly fee for the United States Soldiers' and Airmen's Home shall have that fee increased by an amount that is equal to 12.5 percent of the monthly equivalent of those payments for the first year and 2.5 percent of the monthly equivalent of those payments each year thereafter until the percentage fixed pursuant to subsection (c) of this section has been reached. (e) Application of fees for new residents A person who becomes a resident of the Retirement Home after the effective date specified in section 1541(a) shall be required to pay a monthly fee that is equal to 25 percent of Federal payments made to the resident, subject to such adjustments in the fee as may be made under subsection (c) of this section. (Pub. L. 101-510, div. A, title XV, § 1514, Nov. 5, 1990, 104 Stat. 1725; Pub. L. 103-337, div. A, title III, § 371(b), Oct. 5, 1994, 108 Stat. 2735.) AMENDMENT OF SECTION Pub. L. 103-337, div. A, title III, § 371(b), (d)(2), Oct. 5, 1994, 108 Stat. 2735, provided that, effective Oct. 1, 1997, this section is amended (1) by amending subsection (c)(2) to read as follows: (2) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) receiped by a resident, subject to such adjustments in the fee as the Retirement Home Board may make under paragraph (1). The percentage shall be the same for each establishment of the Retirement Home. (2) by striking out subsections (d) and (e) and adding after subsection (c) the following new subsection (d): (d) Application of fees Subject to such adjustments in the fee as the Retirement Home Board may make under subsection (c) of this section, each resident of the Retirement Home shall be required to pay a monthly fee equal to the amount determined by multiplying the total amount of all monthly income and monthly payments (including Federal payments) received by the resident by a percentage as follows: (1) In the case of a permanent health care resident (A) in fiscal year 1998, 35 percent; (B) in fiscal year 1999, 45 percent; and (C) in fiscal year 2000, 65 percent. (2) In the case of a resident who is not a permanent health care resident— (A) in fiscal year 1998, 30 percent; REFERENCES IN TEXT For the effective date specified in section 1541(a), referred to in subsecs. (d)(1) and (e), see Effective Date note below. EFFECTIVE Date of 1994 AMENDMENT Section 371(d)(2) of Pub. L. 103-337 provided that: "The amendments made by subsection (b) [amending this section] shall take effect on October 1, 1997." EFFECTIVE DATE Section effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101-510, set out as a note under section 401 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 419 of this title. § 415. Composition and operation of Retirement Home Board (a) Establishment There is hereby established the Armed Forces Retirement Home Board. The Retirement Home Board shall exercise policy oversight over the Retirement Home and oversee the activities of any Local Boards of trustees. (b) Members The Retirement Home Board shall consist of not less than 16 members who shall be appointed by the Secretary of Defense, unless otherwise indicated, as follows: (1) One representative from the office of the Assistant Secretary of Defense (Force Management and Personnel). (2) One representative from the Department of Defense Comptroller's office. (3) One representative from the office of the Assistant Secretary of Defense (Health Affairs). (4) One representative from the office of the General Counsel of the Department of Defense. (5) Two persons who are experts in the operations of retirement homes and who are not officers or employees of the United States. (6) Two persons who are gerontologists and who are not officers or employees of the United States. (7) Two persons who are personnel chiefs of the Armed Forces. (8) Two persons who are senior noncommissioned officers of the Armed Forces. (9) One representative from the Office of Management and Budget who shall be designated by the Director of the Office of Management and Budget. (10) One representative from a national noncommissioned officer association or a military retiree council who shall be a nonvoting member of the Board. (11) One representative of the Secretary of Veterans Affairs who shall be designated by that Secretary. (12) One officer or employee of the Department of Health and Human Services who shall be designated by the Secretary of Health and Human Services. (c) Local Boards Each establishment of the Retirement Home shall have a Board of trustees which shall exercise operational oversight over the respective facility and provide reports to the Retirement Home Board at least twice annually. Each Local Board shall consist of at least 11 members appointed by the Secretaries of the military departments. The Local Boards shall consist of the following: (1) One person who is a civilian expert in nursing home or retirement home administration and financing from the geographical area of each facility. (2) One person who is a civilian expert in gerontology from the geographical area of each facility. (3) One person who is a service expert in financial management. (4) One representative from the Department of Veterans Affairs regional office nearest in proximity to each facility who shall be designated by the Secretary of Veterans Affairs. (5) One representative from the resident advisory committee or council of the respective facility who shall be a nonvoting member. (6) One enlisted representative of the Services' Retiree Advisory Council. (7) The senior noncommissioned officer of an Armed Force. (8) One senior representative from the military hospital nearest in proximity to each facility. (9) One senior representative from the Judge Advocate General's Corps from one of the Armed Services. (10) The director of the respective facility who shall be a nonvoting member. (11) One senior representative of one of the chief personnel officers of the Armed Services. (d) Chairmen (1)(A) The Secretary of Defense shall select one of the members of the Retirement Home Board to serve as chairman. The term of office of the chairman shall be five years. At the discretion of the Secretary a chairman may serve a second five-year term of office as chairman. (B) The chairman shall act as the chief executive officer of the Armed Forces Retirement Home and while so acting shall not be responsi ble to the Secretary of Defense or to the Secretaries of the military departments for direction and management of the Retirement Home or each facility maintained as a separate facility of the Retirement Home. (C) The chairman may appoint, in addition to such ad hoc committees as the chairman determines to be appropriate, a standing executive committee to act for, and in the name of, the Retirement Home Board at such times and on such matters as the chairman considers necessary to expedite the efficient and timely management of each facility maintained as a separate facility of the Retirement Home. (D) The chairman may appoint an administrative staff to assist the chairman in the performance of the duties of the chairman. The chairman shall determine the rates of pay applicable to such staff, except that a staff member who is a member of the Armed Forces on active duty or who is a full-time officer or employee of the United States shall receive no additional pay by reason of service on the administrative staff. (2) The Secretaries of the military departments shall select the chairman for each Local Board from the members of that Board. The term of office of the chairman of a Local Board shall be three years. (e) Terms (1) Except as provided in subsection (f) of this section, the term of office of each member of the Retirement Home Board and each Local Board shall be five years. (2) A member whose term of office has expired may continue to serve until the successor for the member is appointed or designated. (f) First appointment and designation Not later than the effective date specified in section 1541(a), members of the Retirement Home Board and the members of each Local Board shall be first appointed to staggered terms. (g) Vacancies (1) A vacancy in the Retirement Home Board or a Local Board shall be filled in the manner in which the original appointment or designation was made. (2) A member appointed or designated to fill a vacancy occurring before the end of the term of the predecessor of the member shall be appointed or designated, as the case may be, for the remainder of the term for which the predecessor was appointed. (3) A vacancy in the Retirement Home Board or a Local Board shall not affect its authority to perform its duties. (h) Compensation (1) Except as provided in paragraph (2), members of the Retirement Home Board and members of the Local Boards shall (A) be provided a stipend consistent with the daily government consultant fee for each day in which the member is engaged in the performance of services for the Retirement Home Board or a Local Board; and (B) while away from home or regular place of business in the performance of services for (B) the date on which the last of the five members required by subsection (b) of this section to be appointed is first appointed. (Pub. L. 101-510, div. A, title XV, § 1515, Nov. 5, 1990, 104 Stat. 1726; Pub. L. 102-190, div. A, title X, § 1062(a)(4), Dec. 5, 1991, 105 Stat. 1475; Pub. L. 103-160, div. A, title III, § 366(b), Nov. 30, 1993, 107 Stat. 1630.) REFERENCES IN TEXT For the effective date specified in section 1541(a), referred to in subsecs. (f) and (i)(2)(A), see Effective Date note set out under section 401 of this title. AMENDMENTS 1993-Subsec. (d)(1). Pub. L. 103-160 amended par. (1) generally. Prior to amendment, par. (1) read as follows: "The Secretary of Defense shall select one of the members of the Retirement Home Board to serve as chairman. The term of office of the chairman of the Retirement Home Board shall be five years." 1991-Subsecs. (a), (c). Pub. L. 102-190, § 1062(a)(4)(A), substituted "Local Boards" for "local boards". Subsec. (d)(2). Pub. L. 102-190, § 1062(a)(4)(B), substituted "that Board" for "that board". CHANGE OF NAME Reference to Comptroller of the Department of Defense to be treated as reference to Under Secretary of Defense (Comptroller) pursuant to section 903(d) of Pub. L. 103-337, set out as a note under section 135 of Title 10, Armed Forces. EFFECTIVE DATE Section effective one year after Now, 5, 1990, except that provisions of this section relating to appointment and designation of members of Retirement Home Board and Local Boards effective Oct 1, 1991, see section 1541(a), (c) of Pub. L. 101-510, set out as a note under section 401 of this title. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 416 of this title. So in original. Probably should be "or". |