S.Amdt. 4365Senate109th Congress (2005-2007)

To reduce the eligibility age for receipt of nonregular military service retired pay for members of the Ready Reserve in active federal status or on active duty for significant periods and to expand eligibility of members of the Selected Reserve for coverage under the TRICARE program.

What it does: 2 changes: adds 2 sections
Submitted June 20, 2006

What it changes

2 changes to S. 2766 · all shown in the bill's text

Adds 2 sections
  1. Change 1: Adds SEC. 648. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS at the end of subtitle D of title VI

    Adds a section

    In S. 2766 · Placed on Calendar Senate

    "1154. Retention of assistive technology and devices provided before separation.".

    Inserted: SEC. 648. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.

    Inserted: (a) Reduced Eligibility Age.--Section 12731 of title 10, United States Code, is amended--

    Inserted: (1) in subsection (a), by striking paragraph (1) and inserting the following:

    Inserted: "(1) has attained the eligibility age applicable under subsection (f) to that person;"; and

    Inserted: (2) by adding at the end the following new subsection:

    Inserted: "(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.

    Inserted: "(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.

    Inserted: "(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title or under section 12301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.

    Inserted: "(ii) Active service described in this subparagraph is service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.

    Inserted: "(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).".

    Inserted: (b) Continuation of Age 60 as Minimum Age for Eligibility of Non-Regular Service Retirees For Health Care.--Section 1074(b) of such title is amended--

    Inserted: (1) by inserting "(1)" after "(b)"; and

    Show 4 more inserted paragraphs

    Inserted: (2) by adding at the end the following new paragraph:

    Inserted: "(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.".

    Inserted: (c) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.

    Inserted: (d) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.

    Original wording

    At the end of subtitle D of title VI, add the following:

  2. Change 2: Adds SEC. 707. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE FOR COVERAGE UNDER TRICARE at the end of subtitle A of title VII

    Adds a section

    In S. 2766 · Placed on Calendar Senate

    Any premium charged under subsection (d) of section 1076d of title 10, United States Code, for coverage under TRICARE of members of reserve components who commit to continued service in the Selected Reserve after release from active duty, as authorized by subsection (a) of such section, may not be increased during fiscal year 2007 by an amount which exceeds 2.2 percent of such premium as of September 30, 2006.

    Inserted: SEC. 707. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE FOR COVERAGE UNDER TRICARE.

    Inserted: (a) In General.--Subsection (a) of section 1076b of title 10, United States Code, is amended--

    Inserted: (1) in paragraph (2), by striking "or" at the end;

    Inserted: (2) in paragraph (3), by striking the period at the end and inserting "; or"; and

    Inserted: (3) by adding at the end the following new paragraph:

    Inserted: "(4) is an employee of a business with 20 or fewer employees.".

    Inserted: (b) Premiums.--Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph:

    Inserted: "(C) For members eligible under paragraph (4) of subsection (a), the amount equal to 75 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.".

    Inserted: (c) Effective Date.--The amendments made by this section shall take effect on October 1, 2006.

    Original wording

    At the end of subtitle A of title VII, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 4365. Mr. CHAMBLISS (for himself, Mr. Graham, Mrs. Clinton, and Mr. Burns) submitted an amendment intended to be proposed by him to the bill S. 2766, to authorize appropriations for fiscal year 2007 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces, and for other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle D of title VI, add the following:

SEC. 648. COMMENCEMENT OF RECEIPT OF NON-REGULAR SERVICE RETIRED PAY BY MEMBERS OF THE READY RESERVE ON ACTIVE FEDERAL STATUS OR ACTIVE DUTY FOR SIGNIFICANT PERIODS.

(a) Reduced Eligibility Age.--Section 12731 of title 10, United States Code, is amended--

(1) in subsection (a), by striking paragraph (1) and inserting the following:

“(1) has attained the eligibility age applicable under subsection (f) to that person;”; and

(2) by adding at the end the following new subsection:

“(f)(1) Subject to paragraph (2), the eligibility age for purposes of subsection (a)(1) is 60 years of age.

“(2)(A) In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in subparagraph (B) after September 11, 2001, the eligibility age for purposes of subsection (a)(1) shall be reduced below 60 years of age by three months for each aggregate of 90 days on which such person so performs in any fiscal year after such date, subject to subparagraph (C). A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph.

“(B)(i) Service on active duty described in this subparagraph is service on active duty pursuant to a call or order to active duty under a provision of law referred to in section 101(a)(13)(B) of this title or under section 12301(d) of this title. Such service does not include service on active duty pursuant to a call or order to active duty under section 12310 of this title.

“(ii) Active service described in this subparagraph is service under a call to active service authorized by the President or the Secretary of Defense under section 502(f) of title 32 for purposes of responding to a national emergency declared by the President or supported by Federal funds.

“(C) The eligibility age for purposes of subsection (a)(1) may not be reduced below 50 years of age for any person under subparagraph (A).”.

(b) Continuation of Age 60 as Minimum Age for Eligibility of Non-Regular Service Retirees For Health Care.--Section 1074(b) of such title is amended--

(1) by inserting “(1)” after “(b)”; and

(2) by adding at the end the following new paragraph:

“(2) Paragraph (1) does not apply to a member or former member entitled to retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age.”.

(c) Administration of Related Provisions of Law or Policy.--With respect to any provision of law, or of any policy, regulation, or directive of the executive branch that refers to a member or former member of the uniformed services as being eligible for, or entitled to, retired pay under chapter 1223 of title 10, United States Code, but for the fact that the member or former member is under 60 years of age, such provision shall be carried out with respect to that member or former member by substituting for the reference to being 60 years of age a reference to having attained the eligibility age applicable under subsection (f) of section 12731 of title 10, United States Code (as added by subsection (a)), to such member or former member for qualification for such retired pay under subsection (a) of such section.

(d) Effective Date and Applicability.--The amendment made by subsection (a) shall take effect as of September 11, 2001, and shall apply with respect to applications for retired pay that are submitted under section 12731(a) of title 10, United States Code, on or after the date of the enactment of this Act.

At the end of subtitle A of title VII, add the following:

SEC. 707. EXPANSION OF ELIGIBILITY OF MEMBERS OF THE SELECTED RESERVE FOR COVERAGE UNDER TRICARE.

(a) In General.--Subsection (a) of section 1076b of title 10, United States Code, is amended--

(1) in paragraph (2), by striking “or” at the end;

(2) in paragraph (3), by striking the period at the end and inserting “; or”; and

(3) by adding at the end the following new paragraph:

“(4) is an employee of a business with 20 or fewer employees.”.

(b) Premiums.--Subsection (e)(2) of such section is amended by adding at the end the following new subparagraph:

“(C) For members eligible under paragraph (4) of subsection (a), the amount equal to 75 percent of the total amount determined by the Secretary on an appropriate actuarial basis as being reasonable for the coverage.”.

(c) Effective Date.--The amendments made by this section shall take effect on October 1, 2006.

Legislative Activity

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Senate amendment agreed to: Amendment SA 4365 agreed to in Senate by Unanimous Consent.

June 22, 2006

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Senate amendment agreed to: Amendment SA 4365 agreed to in Senate by Unanimous Consent.

June 22, 2006

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Senate amendment proposed (on the floor): Amendment SA 4365 proposed by Senator Warner for Senator Chambliss.

June 22, 2006

Floor

Amendment SA 4365 proposed by Senator Warner for Senator Chambliss. (consideration: CR S6346-6366, S6373-6374; S6374-6375; text: CR S6355-6356) To reduce the eligibility age for receipt of nonregular military service retired pay for members of the Ready Reserve in active federal status or on active duty for significant periods and to expand eligibility of members of the Selected Reserve for coverage under the TRICARE program.

June 22, 2006

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Amendment SA 4365 agreed to in Senate by Unanimous Consent.

June 22, 2006

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Senate amendment submitted

June 20, 2006