TRICARE Fairness for National Guard and Reserve Retirees Act

TRICARE Fairness for National Guard and Reserve Retirees Act

This bill aligns eligibility for TRICARE health coverage with the age at which personnel of the Retired Reserve (former National Guard and Reserve members) begin receiving retired pay. Specifically, personnel of the Retired Reserve who are not yet age 60 but are receiving their retirement pay may purchase TRICARE health coverage for retired military personnel, rather than the presently allowed TRICARE Retired Reserve.

Under current law, Reserve Component personnel may retire below age 60, but not below 50, based on active duty performance.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 829 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 829

 To amend title 10, United States Code, to improve the TRICARE program 
 for certain members of the Retired Reserve of the reserve components.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 18, 2021

Mr. Portman (for himself and Ms. Warren) 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 improve the TRICARE program 
 for certain members of the Retired Reserve of the reserve components.

    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 ``TRICARE Fairness for National Guard 
and Reserve Retirees Act''.

SEC. 2. TRICARE FOR MEMBERS OF THE RETIRED RESERVE.

    (a) Adjustment of Eligibility.--Paragraph (2) of section 1074(b) of 
title 10, United States Code, is amended to read as follows:
    ``(2) Paragraph (1) does not apply to a member or former member 
eligible for retired pay for non-regular service under chapter 1223 of 
this title who is under 60 years of age unless such member or former 
member is in receipt of such pay (or would be in receipt of such pay 
but for section 5304 or 5305 of title 38).''.
    (b) TRICARE Retired Reserve.--Section 1076e(a) of title 10, United 
States Code, is amended--
            (1) in paragraph (1), by striking ``who is qualified for a 
        non-regular retirement at age 60 under chapter 1223 of this 
        title, but is not age 60,'' and inserting ``described in 
        paragraph (3)''; and
            (2) by adding at the end the following new paragraph:
    ``(3) A member of the Retired Reserve of a reserve component of the 
armed forces is described in this paragraph if the member--
            ``(A) is qualified for a non-regular retirement at age 60 
        under chapter 1223 of this title;
            ``(B) is not age 60; and
            ``(C) is not in receipt of retired pay under such chapter, 
        unless the member is not in receipt of such retired pay due to 
        the application of section 5304 or 5305 of title 38.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect January 1, 2022.
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