10 U.S.C. § 1076B
Section 1076b · Repealed. Pub. L. 109364, div. A, title VII, 706(d), Oct. 17, 2006, 120 Stat. 2282]
Amended 3 times on record
(a) Eligibility.—Each member of the Selected Reserve of the Ready Reserve who is committed to serving in the Selected Reserve as described in subsection (c)(3) is eligible, subject to subsection (h), to enroll in TRICARE Standard and receive benefits under such enrollment for any period that the member—
(1) is an eligible unemployment compensation recipient;
(2) subject to subsection (i), is not eligible for health care benefits under an employer-sponsored health benefits plan; or
(3) is not eligible under paragraph (1) or (2) and is not eligible under section 1076d of this title.
(b) Types of Coverage.—(1) A member eligible under subsection (a) may enroll for either of the following types of coverage:
(A) Self alone coverage.
(B) Self and family coverage.
(2) An enrollment by a member for self and family covers the member and the dependents of the member who are described in subparagraph (A), (D), or (I) of section 1072(2) of this title.
(c) Enrollment.—(1) The Secretary of Defense shall provide for at least one open enrollment period each year. During an open enrollment period or at such other time as the Secretary considers appropriate, a member eligible under subsection (a) may enroll in TRICARE Standard or change or terminate an enrollment in TRICARE Standard.
(2) An enrollment in TRICARE Standard of a member eligible under subsection (a) shall be effective for one year only, and may be renewed by the member during the open enrollment period provided under paragraph (1) or at such other time as the Secretary considers appropriate.
(3) A member eligible under subsection (a) may not enroll or renew an enrollment in TRICARE Standard under this section unless the member is committed to a period of obligated service in the Selected Reserve that extends through the enrollment period.
(d) Scope of Care.—(1) A member and the dependents of a member enrolled in TRICARE Standard under this section shall be entitled to the same benefits under this chapter as a member of the uniformed services on active duty or a dependent of such a member, respectively, is entitled to under TRICARE Standard.
(2) Section 1074(c) of this title shall apply with respect to a member enrolled in TRICARE Standard under this section.
(e) Premiums.—(1) The Secretary of Defense shall charge premiums for coverage pursuant to enrollments under this section. The Secretary shall prescribe for each of the TRICARE Standard program options a premium for self alone coverage and a premium for self and family coverage.
(2) The monthly amount of the premium in effect for a month for a type of coverage under this section shall be as follows:
(A) For members eligible under paragraph (1) or (2) of subsection (a), the amount equal to 50 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.
(B) For members eligible under paragraph (3) of subsection (a), the amount equal to 85 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.
(3) In determining the amount of a premium under paragraph (2), the Secretary shall use the same actuarial basis as used under section 1076d of this title for determining the amount of premiums under that section.
(4) The premiums payable by a member under this subsection may be deducted and withheld from basic pay payable to the member under section 204 of title 37 or from compensation payable to the member under section 206 of such title. The Secretary shall prescribe the requirements and procedures applicable to the payment of premiums by members.
(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.
(f) Other Charges.—A person who receives health care pursuant to an enrollment in TRICARE Standard under this section, including a member who receives such health care, shall be subject to the same deductibles, copayments, and other nonpremium charges for health care as apply under this chapter for health care provided under TRICARE Standard to dependents described in subparagraph (A), (D), or (I) of section 1072(2) of this title.
(g) Termination of Enrollment.—(1) A member enrolled in TRICARE Standard under this section may terminate the enrollment only during an open enrollment period provided under subsection (c).
(2) An enrollment of a member for self alone or for self and family under this section shall terminate on the first day of the first month beginning after the date on which the member ceases to be eligible under subsection (a).
(3) The enrollment of a member under this section may be terminated on the basis of failure to pay the premium charged the member under this section.
(h) Relationship to Transition TRICARE Coverage Upon Separation From Active Duty.—A member is not eligible for TRICARE Standard under this section while entitled to transitional health care under subsection (a) of section 1145 of this title or while authorized to receive health care under subsection (c) of such section.
(i) Noncoverage by Other Health Benefits Plan.—(1) For purposes of subsection (a)(2), a person shall be considered to be not eligible for health care benefits under an employer-sponsored health benefits plan only if the person—
(A) is employed by an employer that does not offer a health benefits plan to anyone working for the employer;
(B) is in a category of employees to which the person's employer does not offer a health benefits plan, if such category is designated by the employer based on hours, duties, employment agreement, or such other characteristic, other than membership in the Selected Reserve, as the regulations administering this section prescribe (such as part-time employees); or
(C) is self-employed.
(2) The Secretary of Defense may require a member to submit any certification that the Secretary considers appropriate to substantiate the member's assertion that the member is not eligible for health care benefits under an employer-sponsored health benefits plan.
(j) Eligible Unemployment Compensation Recipient Defined.—In this section, the term “eligible unemployment compensation recipient” means, with respect to any month, any individual who is determined eligible for any day of such month for unemployment compensation under State law (as defined in section 205(9) 1 of the Federal-State Extended Unemployment Compensation Act of 1970), including Federal unemployment compensation laws administered through the State.
(k) TRICARE Standard Defined.—In this section, the term “TRICARE Standard” has the meaning provided by section 1076d(f) of this title.
(l) Regulations.—The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.
Editorial notes U.S. Code · Office of the Law Revision Counsel
References in Text
Section 205(9) of the Federal-State Extended Unemployment Compensation Act of 1970, referred to in subsec. (j), is section 205(9) of title II of Pub. L. 91–373, which is set out in a note under section 3304 of Title 26, Internal Revenue Code. The reference probably should be to section 205(10), which defines “State law”.
Prior Provisions
A prior section 1076b, added Pub. L. 104–106, div. A, title VII, §705(a)(1), Feb. 10, 1996, 110 Stat. 372; amended Pub. L. 104–201, div. A, title VII, §702(a), (b), Sept. 23, 1996, 110 Stat. 2588; Pub. L. 105–85, div. A, title VII, §733(a), Nov. 18, 1997, 111 Stat. 1812, related to Selected Reserve dental insurance, prior to repeal by Pub. L. 106–65, div. A, title VII, §711(a), Oct. 5, 1999, 113 Stat. 685.
Amendments
2006—Pub. L. 109–163 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (l) relating to coverage under the TRICARE program for members of the Selected Reserve of the Ready Reserve and certain members of the Individual Ready Reserve.
2003—Pub. L. 108–136 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (l) relating to eligibility of members of the Selected Reserve, of the Ready Reserve, and of the Individual Ready Reserve for coverage under TRICARE.
Effective Date of 2006 Amendment
Pub. L. 109–163, div. A, title VII, §702(b), Jan. 6, 2006, 119 Stat. 3342, provided that: “The Secretary of Defense shall ensure that health care under TRICARE Standard is provided under section 1076b of title 10, United States Code, as amended by this section, beginning not later than October 1, 2006.”
Limitation on Fiscal Year 2004 Outlays for Temporary Reserve Health Care Programs
Pub. L. 108–136, div. A, title VII, §706, Nov. 24, 2003, 117 Stat. 1529, provided that:
“(a) Outlay Limitation.—In the administration of the temporary Reserve health care programs, the Secretary of Defense shall carry out those program [sic] so as to limit the total Department of Defense expenditures under those programs during fiscal year 2004 to an amount not in excess $400,000,000.
“(b) Continuity of Care.—In the administration of the temporary Reserve health care programs, the Secretary of Defense shall carry out the implementation and termination of those programs so as to ensure the least amount of disruption to the continuity of care for persons provided care under those programs.
“(c) Temporary Reserve Health Care Programs.—For purposes of this section, the term ‘temporary Reserve health care programs’ means the following:
“(1) The program under section 1076b of title 10, United States Code, as amended by section 702.
“(2) The program under section 1074(d) of title 10, United States Code, as amended by section 703.
“(3) The program under section 704 [10 U.S.C. 1145 note].”