108th CONGRESS
2d Session
S. 2035
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
January 28, 2004
Mr. GRAHAM of South Carolina (for himself, Mr. DASCHLE, Mr. LEAHY, Mr. DEWINE,
Mrs. CLINTON, Ms. MURKOWSKI, Mr. ALLEN, Mr. SMITH, Ms. LANDRIEU, Mr. REID,
Mr. LAUTENBERG, Mr. PRYOR, Mr. KERRY, Ms. CANTWELL, Mrs. LINCOLN, Mr. AKAKA,
Mr. LIEBERMAN, Mr. SCHUMER, Mrs. BOXER, Mrs. MURRAY, Mr. DORGAN, Mr. JOHNSON,
Mr. BINGAMAN, Mr. DAYTON, Mr. KENNEDY, Ms. MIKULSKI, and Mr. NELSON of Nebraska)
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 2004'.
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:
34
32
30
28
26
24
22
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 READY RESERVE MEMBERS UNDER TRICARE PROGRAM.
(a) UNCONDITIONAL ELIGIBILITY- Subsection (a) of section 1076b of title 10,
United States Code, is amended by striking `and receive benefits' and all
that follows through `an employer-sponsored health benefits plan'.
(b) PERMANENT AUTHORITY- Subsection (l) of such section is repealed.
(c) CONFORMING REPEAL OF OBSOLETE PROVISIONS- Such section is further amended--
(1) by striking subsections (i) and (j); and
(2) by redesignating subsection (k) as subsection (i).
SEC. 4. CONTINUATION OF NON-TRICARE HEALTH BENEFITS PLAN COVERAGE FOR CERTAIN
RESERVES CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DEPENDENTS.
(a) REQUIRED CONTINUATION- (1) Chapter 55 of title 10, United States Code,
is amended by inserting after section 1078a the following new section:
`Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage for
dependents of certain Reserves called or ordered to active duty
`(a) PAYMENT OF PREMIUMS- The Secretary concerned shall pay the applicable
premium to continue in force any qualified health benefits plan coverage for
the members of the family of an eligible reserve component member for the
benefits coverage continuation period if
timely elected by the member in accordance with regulations prescribed under
subsection (j).
`(b) ELIGIBLE MEMBER; FAMILY MEMBERS- (1) A member of a reserve component
is eligible for payment of the applicable premium for continuation of qualified
health benefits plan coverage under subsection (a) while serving on active
duty pursuant to a call or order issued under a provision of law referred
to in section 101(a)(13)(B) of this title during a war or national emergency
declared by the President or Congress.
`(2) For the purposes of this section, the members of the family of an eligible
reserve component member include only the member's dependents described in
subparagraphs (A), (D), and (I) of section 1072(2) of this title.
`(c) QUALIFIED HEALTH BENEFITS PLAN COVERAGE- For the purposes of this section,
health benefits plan coverage for the members of the family of a reserve component
member called or ordered to active duty is qualified health benefits plan
coverage if--
`(1) the coverage was in force on the date on which the Secretary notified
the reserve component member that issuance of the call or order was pending
or, if no such notification was provided, the date of the call or order;
`(2) on such date, the coverage applied to the reserve component member
and members of the family of the reserve component member; and
`(3) the coverage has not lapsed.
`(d) APPLICABLE PREMIUM- The applicable premium payable under this section
for continuation of health benefits plan coverage for the family members of
a reserve component member is the amount of the premium payable by the member
for the coverage of the family members.
`(e) MAXIMUM AMOUNT- The total amount that the Department of Defense may pay
for the applicable premium of a health benefits plan for the family members
of a reserve component member under this section in a fiscal year may not
exceed the amount determined by multiplying--
`(1) the sum of one plus the number of the family members covered by the
health benefits plan, by
`(2) the per capita cost of providing TRICARE coverage and benefits for
dependents under this chapter for such fiscal year, as determined by the
Secretary of Defense.
`(f) BENEFITS COVERAGE CONTINUATION PERIOD- The benefits coverage continuation
period under this section for qualified health benefits plan coverage for
the family members of an eligible reserve component member called or ordered
to active duty is the period that--
`(1) begins on the date of the call or order; and
`(2) ends on the earlier of--
`(A) the date on which the reserve component member's eligibility for
transitional health care under section 1145(a) of this title terminates
under paragraph (3) of such section;
`(B) the date on which the reserve component member elects to terminate
the continued qualified health benefits plan coverage of the member's
family members; or
`(g) EXTENSION OF PERIOD OF COBRA COVERAGE- Notwithstanding any other provision
of law--
`(1) any period of coverage under a COBRA continuation provision (as defined
in section 9832(d)(1) of the Internal Revenue Code of 1986) for an eligible
reserve component member under this section shall be deemed to be equal
to the benefits coverage continuation period for such member under this
section; and
`(2) with respect to the election of any period of coverage under a COBRA
continuation provision (as so defined), rules similar to the rules under
section 4980B(f)(5)(C) of such Code shall apply.
`(h) NONDUPLICATION OF BENEFITS- A member of the family of a reserve component
member who is eligible for benefits under qualified health benefits plan coverage
paid on behalf of the reserve component member by the Secretary concerned
under this section is not eligible for benefits under the TRICARE program
during a period of the coverage for which so paid.
`(i) REVOCABILITY OF ELECTION- A reserve component member who makes an election
under subsection (a) may revoke the election. Upon such a revocation, the
member's family members shall become eligible for benefits under the TRICARE
program as provided for under this chapter.
`(j) REGULATIONS- The Secretary of Defense shall prescribe regulations for
carrying out this section. The regulations shall include such requirements
for making an election of payment of applicable premiums as the Secretary
considers appropriate.'.
(2) The table of sections at the beginning of such chapter is amended by inserting
after the item relating to section 1078a the following new item:
`1078b. Continuation of non-TRICARE health benefits plan coverage for dependents
of certain Reserves called or ordered to active duty.'.
(b) APPLICABILITY- Section 1078b of title 10, United States Code (as added
by subsection (a)), shall apply with respect to calls or orders of members
of reserve components of the Armed Forces to active duty as described in subsection
(b) of such section, that are issued by the Secretary of a military department
before, on, or after the date of the enactment of this Act, but only with
respect to qualified health benefits plan coverage (as described in subsection
(c) of such section) that is in effect on or after the date of the enactment
of this Act.
END
