[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 731 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 731

  To amend title 10, United States Code, to provide for continuity of 
 TRICARE Standard coverage for certain members of the Retired Reserve.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 26, 2009

  Mr. Nelson of Nebraska (for himself, Mr. Graham, Mrs. Lincoln, Mr. 
Byrd, Mr. Dodd, Mrs. Gillibrand, Mr. Isakson, Mr. Casey, Mr. Leahy, and 
Mr. Alexander) 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 provide for continuity of 
 TRICARE Standard coverage for certain members of the Retired Reserve.

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

SECTION 1. TRICARE STANDARD COVERAGE FOR CERTAIN MEMBERS OF THE RETIRED 
              RESERVE, AND FAMILY MEMBERS, WHO ARE QUALIFIED FOR A NON-
              REGULAR RETIREMENT BUT ARE NOT YET AGE 60.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1076d the following new section:
``Sec. 1076e. TRICARE program: TRICARE Standard coverage for certain 
              members of the Retired Reserve who are qualified for a 
              non-regular retirement but are not yet age 60
    ``(a) Eligibility.--(1) Except as provided in paragraph (2), a 
member of the Retired Reserve of a reserve component of the Armed 
Forces who is qualified for a non-regular retirement at age 60 under 
chapter 1223, but is not age 60, is eligible for health benefits under 
TRICARE Standard as provided in this section.
    ``(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) Termination of Eligibility Upon Obtaining Other TRICARE 
Standard Coverage.--Eligibility for TRICARE Standard coverage of a 
member under this section shall terminate upon the member becoming 
eligible for TRICARE Standard coverage at age 60 under section 1086 of 
this title.
    ``(c) Family Members.--While a member of a reserve component is 
covered by TRICARE Standard under the section, the members of the 
immediate family of such member are eligible for TRICARE Standard 
coverage as dependents of the member. If a member of a reserve 
component dies while in a period of coverage under this section, the 
eligibility of the members of the immediate family of such member for 
TRICARE Standard coverage under this section shall continue for the 
same period of time that would be provided under section 1086 of this 
title if the member had been eligible at the time of death for TRICARE 
Standard coverage under such section (instead of under this section).
    ``(d) Premiums.--(1) A member of a reserve component covered by 
TRICARE Standard under this section shall pay a premium for that 
coverage.
    ``(2) The Secretary of Defense shall prescribe for the purposes of 
this section one premium for TRICARE Standard coverage of members 
without dependents and one premium for TRICARE Standard coverage of 
members with dependents referred to in subsection (f)(1). The premium 
prescribed for a coverage shall apply uniformly to all covered members 
of the reserve components covered under this section.
    ``(3) The monthly amount of the premium in effect for a month for 
TRICARE Standard coverage under this section shall be the amount equal 
to the cost of coverage that the Secretary determines on an appropriate 
actuarial basis.
    ``(4) The Secretary shall prescribe the requirements and procedures 
applicable to the payment of premiums under this subsection.
    ``(5) Amounts collected as premiums under this subsection shall be 
credited to the appropriation available for the Defense Health Program 
Account under section 1100 of this title, shall be merged with sums in 
such Account that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section for such 
fiscal year.
    ``(e) Regulations.--The Secretary of Defense, in consultation with 
the other administering Secretaries, shall prescribe regulations for 
the administration of this section.
    ``(f) Definitions.--In this section:
            ``(1) The term `immediate family', with respect to a member 
        of a reserve component, means all of the member's dependents 
        described in subparagraphs (A), (D), and (I) of section 1072(2) 
        of this title.
            ``(2) The term `TRICARE Standard' means--
                    ``(A) medical care to which a dependent described 
                in section 1076(a)(2) of this title is entitled; and
                    ``(B) health benefits contracted for under the 
                authority of section 1079(a) of this title and subject 
                to the same rates and conditions as apply to persons 
                covered under that section.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 55 of such title is amended by inserting after the item 
relating to section 1076d the following new item:

``1076e. TRICARE program: TRICARE Standard coverage for certain members 
                            of the Retired Reserve who are qualified 
                            for a non-regular retirement but are not 
                            yet age 60.''.
    (c) Effective Date.--Section 1076e of title 10, United States Code, 
as inserted by subsection (a), shall apply to coverage for months 
beginning on or after October 1, 2009, or such earlier date as the 
Secretary of Defense may specify.
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