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### §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 the monthly income and monthly payments (including Federal payments) received 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.

#### (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;

(B) in fiscal year 1999, 35 percent; and

(C) in fiscal year 2000, 40 percent.

(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.)

#### Amendments

1994—Subsec. (c)(2). Pub. L. 103–337, §371(b)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.”

Subsec. (d). Pub. L. 103–337, §371(b)(2), added subsec. (d) and struck out former subsec. (d) which specified fees to be paid by residents of the Naval Home and residents of the United States Soldiers’ and Airmen's Home who became residents of the Retirement Home on the effective date specified in section 1541(a) of Pub. L. 101–510.

Subsec. (e). Pub. L. 103–337, §371(b)(2)(A), struck out subsec. (e) which read as follows: “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.”

#### 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.