S. 667

Reserve Component Benefits Parity Act

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Contents

II

115th CONGRESS

1st Session

S. 667

IN THE SENATE OF THE UNITED STATES

March 15, 2017

Mr. Franken (for himself, Mrs. Capito, Ms. Klobuchar, and Mr. Cornyn) introduced the following bill; which was read twice and referred to the Committee on Armed Services

A BILL

To amend titles 5, 10, 37, and 38, United States Code, to ensure that an order to serve on active duty under section 12304a or 12304b of title 10, United States Code, is treated the same as other orders to serve on active duty for determining the eligibility of members of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Reserve Component Benefits Parity Act.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Eligibility of reserve component members for pre-mobilization health care.

Sec. 3. Eligibility of reserve component members for transitional health care.

Sec. 4. Consideration of service on active duty to reduce age for eligibility for retired pay for non-regular service.

Sec. 5. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations.

Sec. 6. Eligibility of reserve component members for post-9/11 educational assistance.

Sec. 7. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard.

Sec. 8. Effect of order to serve on active duty on eligibility for or use of certain military benefits.

Sec. 9. Retroactive applicability of amendments.

2.

Eligibility of reserve component members for pre-mobilization health care

Section 1074(d)(2) of title 10, United States Code, is amended by striking in support of a contingency operation under and inserting under section 12304b of this title or.

3.

Eligibility of reserve component members for transitional health care

Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking in support of a contingency operation and inserting under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title.

4.

Consideration of service on active duty to reduce age for eligibility for retired pay for non-regular service

Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) and inserting under section 12301(d) or 12304b of this title or a provision of law referred to in section 101(a)(13)(B).

5.

Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations

Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting after under the first place it appears the following: section 12304b of title 10 or.

6.

Eligibility of reserve component members for post-9/11 educational assistance

Section 3301(1)(B) of title 38, United States Code, is amended by striking or 12304 and inserting 12304, 12304a, or 12304b.

7.

Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard

Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after under the following: section 12304b of title 10 or.

8.

Effect of order to serve on active duty on eligibility for or use of certain military benefits

(a)

Exception to Voluntary separation pay repayment requirement for members who return to active duty

Section 1175a(j)(2) of title 10, United States Code, is amended by striking or 12304 and inserting 12304, 12304a, or 12304b.

(b)

Time limitation for Training and rehabilitation for veterans with service-Connected disabilities

Section 3103(f) of title 38, United States Code, is amended by striking or 12304 and inserting 12304, 12304a, or 12304b.

9.

Retroactive applicability of amendments

The amendments made by this Act shall apply with respect to any order for a member of a reserve component to serve on active duty under section 12304a or 12304b of title 10, United States Code, issued on or after January 1, 2012.