[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2688 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2688

  To amend title XVIII of the Social Security Act to waive the part B 
 late enrollment penalty for military retirees who enroll by December 
 31, 2003, and to provide a special part B enrollment period for such 
                               retirees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 27, 2002

  Mr. Ensign introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title XVIII of the Social Security Act to waive the part B 
 late enrollment penalty for military retirees who enroll by December 
 31, 2003, and to provide a special part B enrollment period for such 
                               retirees.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``The TRICARE Retirees Opportunity Act 
of 2002''.

SEC. 2. WAIVER OF MEDICARE PART B LATE ENROLLMENT PENALTY FOR CERTAIN 
              MILITARY RETIREES; SPECIAL ENROLLMENT PERIOD.

    (a) Waiver of Penalty.--
            (1) In general.--Section 1839(b) of the Social Security Act 
        (42 U.S.C. 1395r(b)) is amended by adding at the end the 
        following new sentence: ``No increase in the premium shall be 
        effected for a month in the case of an individual who is 65 
        years of age or older, who enrolls under this part during 2001, 
        2002, or 2003, and who demonstrates to the Secretary before 
        December 31, 2003, that the individual is a covered beneficiary 
        (as defined in section 1072(5) of title 10, United States 
        Code). The Secretary of Health and Human Services shall consult 
        with the Secretary of Defense in identifying individuals 
        described in the previous sentence.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to premiums for months beginning with January 2001. 
        The Secretary of Health and Human Services shall establish a 
        method for providing rebates of premium penalties paid for 
        months on or after January 2001 for which a penalty does not 
        apply under such amendment but for which a penalty was 
        previously collected.
    (b) Medicare Part B Special Enrollment Period.--
            (1) In general.--In the case of any individual who, as of 
        the date of the enactment of this Act, is 65 years of age or 
        older, is eligible to enroll but is not enrolled under part B 
        of title XVIII of the Social Security Act, and is a covered 
        beneficiary (as defined in section 1072(5) of title 10, United 
        States Code), the Secretary of Health and Human Services shall 
        provide for a special enrollment period during which the 
        individual may enroll under such part. Such period shall begin 
        as soon as possible after the date of the enactment of this Act 
        and shall end on December 31, 2003.
            (2) Coverage period.--In the case of an individual who 
        enrolls during the special enrollment period provided under 
        paragraph (1), the coverage period under part B of title XVIII 
        of the Social Security Act shall begin on the first day of the 
        month following the month in which the individual enrolls.
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