TRICARE Fairness for National Guard and Reserve Retirees Act

I 116TH CONGRESS 1ST SESSION H. R. 5169 To amend title 10, United States Code, to improve the TRICARE program for certain members of the Retired Reserves of the reserve components. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 19, 2019 Mr. SPANO (for himself and Ms. GABBARD) introduced the following bill; which was 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 Reserves of the reserve components. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘TRICARE Fairness 4 for National Guard and Reserve Retirees Act’’. 5 SEC. 2. TRICARE FOR MEMBERS OF THE RETIRED RE- 6 SERVE. 7 (a) ADJUSTMENT OF ELIGIBILITY.—Paragraph (2) 8 of section 1074(b)(2) of title 10, United States Code, is 9 amended to read as follows: 10 VerDate Sep 11 2014 21:06 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5169.IH H5169 kjohnson on DSK79L0C42 with BILLS 2 •HR 5169 IH ‘‘(2) Paragraph (1) does not apply to a member or 1 former member eligible for retired pay for non-regular 2 service under chapter 1223 of this title who is under 60 3 years of age unless such member or former member is in 4 receipt of such pay (or would be in receipt of such pay 5 but for section 5304 or 5305 of title 38).’’. 6 (b) TRICARE RETIRED RESERVE.—Section 7 1076e(a)(1) of title 10, United States Code, is amended 8 by striking ‘‘but is not age 60’’ and inserting ‘‘but is not 9 age 60 and is not in receipt of such retired pay (or would 10 be in receipt of such pay but for section 5304 or 5305 11 of title 38)’’. 12 (c) EFFECTIVE DATE.—The amendments made by 13 this section shall take effect January 1, 2020. 14 Æ VerDate Sep 11 2014 21:06 Nov 27, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\H5169.IH H5169 kjohnson on DSK79L0C42 with BILLS