PUBLIC LAW 109–163—JAN. 6, 2006
119 STAT. 3339
Subtitle A—Improvements to Health Benefits for Reserves SEC. 701. ENHANCEMENT OF TRICARE RESERVE SELECT PROGRAM.
(a) EXTENSION OF COVERAGE FOR MEMBERS RECALLED TO ACTIVE DUTY.—Section 1076d of title 10, United States Code, is amended— (1) in subsection (b), by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph (3): ‘‘(3) In the case of a member recalled to active duty before the period of coverage for which the member is eligible under subsection (a) terminates, the period of coverage of the member— ‘‘(A) resumes after the member completes the subsequent active duty service (subject to any additional entitlement to care and benefits under section 1145(a) of this title that is based on the same subsequent active duty service); and ‘‘(B) increases by any additional period of coverage for which the member is eligible under subsection (a) based on the subsequent active duty service.’’; (2) in subsection (b)(2), by striking ‘‘Unless earlier terminated under paragraph (3)’’ and inserting ‘‘Subject to paragraph (3) and unless earlier terminated under paragraph (4)’’; and (3) in subsection (f), by adding at the end the following new paragraph: ‘‘(3) The term ‘member recalled to active duty’ means, with respect to a member who is eligible for coverage under this section based on a period of active duty service, a member who is called or ordered to active duty for an additional period of active duty subsequent to the period of active duty on which that eligibility is based.’’. (b) SPECIAL RULE FOR MOBILIZED MEMBERS OF INDIVIDUAL READY RESERVE FINDING NO POSITION IN SELECTED RESERVE.— Section 1076d of such title is amended by adding at the end of subsection (b) (as amended by this section) the following new paragraph: ‘‘(5) In the case of a member of the Individual Ready Reserve who is unable to find a position in the Selected Reserve and who meets the requirements for eligibility for health benefits under TRICARE Standard under subsection (a) except for membership in the Selected Reserve, the period of coverage under this section may begin not later than one year after coverage would otherwise begin under this section had the member been a member of the Selected Reserve, if the member finds a position in the Selected Reserve during that one-year period.’’. (c) ELIGIBILITY OF FAMILY MEMBERS FOR 6 MONTHS FOLLOWING DEATH OF MEMBER.—Section 1076d(c) of such title is amended by adding at the end the following: ‘‘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 shall continue for six months beyond the date of death of the member.’’. (d) EXTENSION OF TIME FOR ENTERING INTO AGREEMENT.— Section 1076d(a)(2) of such title is amended by striking ‘‘on or before the date of the release’’ and inserting ‘‘not later than 90 days after release’’.
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