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
To amend title 10, United States Code, to improve the TRICARE program for certain members of the Retired Reserve of the reserve components.
This Act may be cited as the
TRICARE Fairness for National Guard and Reserve Retirees Act.
TRICARE for members of the retired reserve
Adjustment of eligibility
Paragraph (2) of section 1074(b) of title 10, United States Code, is amended to read as follows:
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).
TRICARE Retired Reserve
Section 1076e(a) of title 10, United States Code, is amended—
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
by adding at the end the following new paragraph:
A member of the Retired Reserve of a reserve component of the armed forces is described in this paragraph if the member—
is qualified for a non-regular retirement at age 60 under chapter 1223 of this title;
is not age 60; and
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.
The amendments made by this section shall take effect January 1, 2022.