[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 337 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 337
To amend title 10, United States Code, to revise the age and service
requirements for eligibility to receive retired pay for non-regular
service; to expand certain authorities to provide health care benefits
for Reserves and their families, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2005
Mr. Graham (for himself, Mrs. Clinton, Mr. DeWine, Mr. Leahy, Mr.
Allen, Ms. Cantwell, and Mr. Reid) introduced the following bill; which
was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to revise the age and service
requirements for eligibility to receive retired pay for non-regular
service; to expand certain authorities to provide health care benefits
for Reserves and their families, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guard and Reserve Readiness and
Retention Act of 2005''.
SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR SERVICE.
(a) Age and Service Requirements.--Subsection (a) of section 12731
of title 10, United States Code, is amended to read as follows:
``(a)(1) Except as provided in subsection (c), a person is
entitled, upon application, to retired pay computed under section 12739
of this title, if the person--
``(A) satisfies one of the combinations of requirements for
minimum age and minimum number of years of service (computed
under section 12732 of this title) that are specified in the
table in paragraph (2);
``(B) performed the last six years of qualifying service
while a member of any category named in section 12732(a)(1) of
this title, but not while a member of a regular component, the
Fleet Reserve, or the Fleet Marine Corps Reserve, except that
in the case of a person who completed 20 years of service
computed under section 12732 of this title before October 5,
1994, the number of years of qualifying service under this
subparagraph shall be eight; and
``(C) is not entitled, under any other provision of law, to
retired pay from an armed force or retainer pay as a member of
the Fleet Reserve or the Fleet Marine Corps Reserve.
``(2) The combinations of minimum age and minimum years of service
required of a person under subparagraph (A) of paragraph (1) for
entitlement to retired pay as provided in such paragraph are as
follows:
``Age, in years, is The minimum years of service
at least: required for that age is:
53...................................................... 34
54...................................................... 32
55...................................................... 30
56...................................................... 28
57...................................................... 26
58...................................................... 24
59...................................................... 22
60...................................................... 20.''.
(b) 20-Year Letter.--Subsection (d) of such section is amended by
striking ``the years of service required for eligibility for retired
pay under this chapter'' in the first sentence and inserting ``20 years
of service computed under section 12732 of this title.''.
(c) Effective Date.--This section and the amendments made by this
subsection (a) shall take effect on the first day of the first month
beginning on or after the date of the enactment of this Act and shall
apply with respect to retired pay payable for that month and subsequent
months.
SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE MEMBERS UNDER TRICARE
PROGRAM.
(a) General Eligibility.--Subsection (a) of section 1076d of title
10, United States Code, is amended--
(1) by striking ``(a) Eligibility.--A member'' and
inserting ``(a) Eligibility.--(1) Except as provided in
paragraph (2), a member'';
(2) by striking ``after the member completes'' and all that
follows through ``one or more whole years following such
date''; and
(3) by adding at the end the following new paragraph:
``(2) Paragraph (1) does not apply to a member who is enrolled, or
is eligible to enroll, in a health benefits plan under chapter 89 of
title 5.''.
(b) Condition for Termination of Eligibility.--Subsection (b) of
such section is amended by striking ``(b) Period of Coverage.--(1)
TRICARE Standard'' and all that follows through ``(3) Eligibility'' and
inserting ``(b) Termination of Eligibility Upon Termination of
Service.--Eligibility''.
(c) Conforming Amendments.--
(1) Such section is further amended--
(A) by striking subsection (e); and
(B) by redesignating subsection (g) as subsection
(e) and transferring such subsection within such
section so as to appear following subsection (d).
(2) The heading for such section is amended to read as
follows:
``Sec. 1076d. TRICARE program: TRICARE Standard coverage for members of
the Selected Reserve''.
(d) Repeal of Obsolete Provision.--Section 1076b of title 10,
United States Code, is repealed.
(e) Clerical Amendments.--The table of sections at the beginning of
chapter 55 of title 10, United States Code, is amended--
(1) by striking the item relating to section 1076b; and
(2) by striking the item relating to section 1076d and
inserting the following:
``1076d. TRICARE program: TRICARE Standard coverage for members of the
Selected Reserve.''.
(f) Savings Provision.--Enrollments in TRICARE Standard that are in
effect on the day before the date of the enactment of this Act under
section 1076d of title 10, United States Code, as in effect on such
day, shall be continued until terminated after such day under such
section 1076d as amended by this section.
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