[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 337 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 337

 To amend title 10, United States Code, to revise the age and service 
  requirements for eligibility to receive retired pay for non-regular 
service; to expand certain authorities to provide health care benefits 
        for Reserves and their families, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2005

   Mr. Graham (for himself, Mrs. Clinton, Mr. DeWine, Mr. Leahy, Mr. 
Allen, Ms. Cantwell, and Mr. Reid) introduced the following bill; which 
     was read twice and referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to revise the age and service 
  requirements for eligibility to receive retired pay for non-regular 
service; to expand certain authorities to provide health care benefits 
        for Reserves and their families, and for other purposes.

    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 ``Guard and Reserve Readiness and 
Retention Act of 2005''.

SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.

    (a) Age and Service Requirements.--Subsection (a) of section 12731 
of title 10, United States Code, is amended to read as follows:
    ``(a)(1) Except as provided in subsection (c), a person is 
entitled, upon application, to retired pay computed under section 12739 
of this title, if the person--
            ``(A) satisfies one of the combinations of requirements for 
        minimum age and minimum number of years of service (computed 
        under section 12732 of this title) that are specified in the 
        table in paragraph (2);
            ``(B) performed the last six years of qualifying service 
        while a member of any category named in section 12732(a)(1) of 
        this title, but not while a member of a regular component, the 
        Fleet Reserve, or the Fleet Marine Corps Reserve, except that 
        in the case of a person who completed 20 years of service 
        computed under section 12732 of this title before October 5, 
        1994, the number of years of qualifying service under this 
        subparagraph shall be eight; and
            ``(C) is not entitled, under any other provision of law, to 
        retired pay from an armed force or retainer pay as a member of 
        the Fleet Reserve or the Fleet Marine Corps Reserve.
    ``(2) The combinations of minimum age and minimum years of service 
required of a person under subparagraph (A) of paragraph (1) for 
entitlement to retired pay as provided in such paragraph are as 
follows:

``Age, in years, is                        The minimum years of service
  at least:                                   required for that age is:
    53......................................................        34 
    54......................................................        32 
    55......................................................        30 
    56......................................................        28 
    57......................................................        26 
    58......................................................        24 
    59......................................................        22 
    60......................................................     20.''.
    (b) 20-Year Letter.--Subsection (d) of such section is amended by 
striking ``the years of service required for eligibility for retired 
pay under this chapter'' in the first sentence and inserting ``20 years 
of service computed under section 12732 of this title.''.
    (c) Effective Date.--This section and the amendments made by this 
subsection (a) shall take effect on the first day of the first month 
beginning on or after the date of the enactment of this Act and shall 
apply with respect to retired pay payable for that month and subsequent 
months.

SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS UNDER TRICARE 
              PROGRAM.

    (a) General Eligibility.--Subsection (a) of section 1076d of title 
10, United States Code, is amended--
            (1) by striking ``(a) Eligibility.--A member'' and 
        inserting ``(a) Eligibility.--(1) Except as provided in 
        paragraph (2), a member'';
            (2) by striking ``after the member completes'' and all that 
        follows through ``one or more whole years following such 
        date''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Paragraph (1) does not apply to a member who is enrolled, or 
is eligible to enroll, in a health benefits plan under chapter 89 of 
title 5.''.
    (b) Condition for Termination of Eligibility.--Subsection (b) of 
such section is amended by striking ``(b) Period of Coverage.--(1) 
TRICARE Standard'' and all that follows through ``(3) Eligibility'' and 
inserting ``(b) Termination of Eligibility Upon Termination of 
Service.--Eligibility''.
    (c) Conforming Amendments.--
            (1) Such section is further amended--
                    (A) by striking subsection (e); and
                    (B) by redesignating subsection (g) as subsection 
                (e) and transferring such subsection within such 
                section so as to appear following subsection (d).
            (2) The heading for such section is amended to read as 
        follows:
``Sec. 1076d. TRICARE program: TRICARE Standard coverage for members of 
              the Selected Reserve''.
    (d) Repeal of Obsolete Provision.--Section 1076b of title 10, 
United States Code, is repealed.
    (e) Clerical Amendments.--The table of sections at the beginning of 
chapter 55 of title 10, United States Code, is amended--
            (1) by striking the item relating to section 1076b; and
            (2) by striking the item relating to section 1076d and 
        inserting the following:

``1076d. TRICARE program: TRICARE Standard coverage for members of the 
                            Selected Reserve.''.
    (f) Savings Provision.--Enrollments in TRICARE Standard that are in 
effect on the day before the date of the enactment of this Act under 
section 1076d of title 10, United States Code, as in effect on such 
day, shall be continued until terminated after such day under such 
section 1076d as amended by this section.
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