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118TH CONGRESS
1ST SESSION H. R. 3668
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 HOUSE OF REPRESENTATIVES
MAY 25, 2023
Mr. JOHNSON of Ohio (for himself and Mr. PHILLIPS) 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
Reserve of the reserve components.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘TRICARE Fairness
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for National Guard and Reserve Retirees Act’’.
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SEC. 2. TRICARE FOR MEMBERS OF THE RETIRED RE-
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SERVE.
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(a)
ADJUSTMENT
OF
ELIGIBILITY.—Section
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1074(b)(2) of title 10, United States Code, is amended
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to read as follows:
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‘‘(2) Paragraph (1) does not apply to a member or
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former member eligible for retired pay for non-regular
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service under chapter 1223 of this title who is under 60
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years of age unless such member or former member is in
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receipt of such pay (or would be in receipt of such pay
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but for section 5304 or 5305 of title 38).’’.
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(b)
TRICARE
RETIRED
RESERVE.—Section
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1076e(a) of title 10, United States Code, is amended—
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(1) in paragraph (1), by striking ‘‘who is quali-
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fied for a non-regular retirement at age 60 under
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chapter 1223 of this title, but is not age 60,’’ and
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inserting ‘‘described in paragraph (3)’’; and
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(2) by adding at the end the following new
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paragraph:
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‘‘(3) A member of the Retired Reserve of a reserve
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component of the armed forces is described in this para-
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graph if the member—
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‘‘(A) is qualified for a non-regular retirement at
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age 60 under chapter 1223 of this title;
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‘‘(B) is not age 60; and
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‘‘(C) is not in receipt of retired pay under such
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chapter, unless the member is not in receipt of such
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retired pay due to the application of section 5304 or
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5305 of title 38.’’.
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(c) EFFECTIVE DATE.—The amendments made by
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this section shall take effect on January 1, 2024.
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