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10 U.S.C. § 1076c — Dental insurance plan: certain retirees and their surviving spouses and other dependents
Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Plan.—**
(1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section.
(2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides benefits similar to those benefits required to be provided under subsection (d).
**(b) Persons Eligible for Plan.—** The following persons are eligible to enroll in the dental insurance plan established under subsection (a):
(1) Members of the uniformed services who are entitled to retired pay.
(2) Members of the Retired Reserve who would be entitled to retired pay under chapter 1223 of this title but for being under 60 years of age.
(3) Eligible dependents of a member described in paragraph (1) or (2) who are covered by the enrollment of the member in the plan.
(4) Eligible dependents of a member described in paragraph (1) or (2) who is not enrolled in the plan and who—
(A) is enrolled under [section 1705 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim) to receive dental care from the Secretary of Veterans Affairs;
(B) is enrolled in a dental plan that—
(i) is available to the member as a result of employment by the member that is separate from the military service of the member; and
(ii) is not available to dependents of the member as a result of such separate employment by the member; or
(C) is prevented by a medical or dental condition from being able to obtain benefits under the plan.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1076c-dental-insurance-plan-certain-retirees-and-their-surviving-spouses-and-o--2aa78a21b8.md
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Source location: Title 10, Chapter 55, § 1076c; chapter-055-medical-and-dental-care.md
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**(a) Requirement for Plan.—**
(1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section.
(2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides benefits similar to those benefits required to be provided under subsection (d).
**(b) Persons Eligible for Plan.—** The following persons are eligible to enroll in the dental insurance plan established under subsection (a):
(1) Members of the uniformed services who are entitled to retired pay.
(2) Members of the Retired Reserve who would be entitled to retired pay under chapter 1223 of this title but for being under 60 years of age.
(3) Eligible dependents of a member described in paragraph (1) or (2) who are covered by the enrollment of the member in the plan.
(4) Eligible dependents of a member described in paragraph (1) or (2) who is not enrolled in the plan and who—
(A) is enrolled under [section 1705 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1705&num=0&edition=prelim) to receive dental care from the Secretary of Veterans Affairs;
(B) is enrolled in a dental plan that—
(i) is available to the member as a result of employment by the member that is separate from the military service of the member; and
(ii) is not available to dependents of the member as a result of such separate employment by the member; or
(C) is prevented by a medical or dental condition from being able to obtain benefits under the plan.
(5) The unremarried surviving spouse and eligible child dependents of a deceased member—
(A) who died while in a status described in paragraph (1) or (2);
(B) who is described in [section 1448(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1448/d/1&num=0&edition=prelim); or
(C) who died while on active duty for a period of more than 30 days and whose eligible dependents are not eligible, or no longer eligible, for dental benefits under [section 1076a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076a&num=0&edition=prelim).
**(c) Premiums.—**
(1) A member enrolled in the dental insurance plan established under subsection (a) shall pay the premiums charged for the insurance coverage.
(2) The Secretary of Defense shall establish procedures for the collection of the premiums charged for coverage by the dental insurance plan. To the maximum extent practicable, the premiums payable by a member entitled to retired pay shall be deducted and withheld from the retired pay of the member (if pay is available to the member).
**(d) Benefits Available Under the Plan.—** The dental insurance plan established under subsection (a) shall provide benefits for dental care and treatment which may be comparable to the benefits authorized under [section 1076a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1076a&num=0&edition=prelim) for plans established under that section and shall include diagnostic services, preventative services, endodontics and other basic restorative services, surgical services, and emergency services.
**(e) Coverage.—**
(1) The Secretary shall prescribe a minimum required period for enrollment by a member or surviving spouse in the dental insurance plan established under subsection (a).
(2) The dental insurance plan shall provide for voluntary enrollment of participants and shall authorize a member or eligible unremarried surviving spouse to enroll for self only or for self and eligible dependents.
**(f) Required Terminations of Enrollment.—** The Secretary shall terminate the enrollment of any enrollee, and any eligible dependents of the enrollee covered by the enrollment, in the dental insurance plan established under subsection (a) upon the occurrence of the following:
(1) In the case of an enrollment under subsection (b)(1), termination of the member’s entitlement to retired pay.
(2) In the case of an enrollment under subsection (b)(2), termination of the member’s status as a member of the Retired Reserve.
(3) In the case of an enrollment under subsection (b)(5), remarriage of the surviving spouse.
**(g) Continuation of Dependents’ Enrollment Upon Death of Enrollee.—** Coverage of a dependent in the dental insurance plan established under subsection (a) under an enrollment of a member or a surviving spouse who dies during the period of enrollment shall continue until the end of that period and may be renewed by (or for) the dependent, so long as the premium paid is sufficient to cover continuation of the dependent’s enrollment. The Secretary may terminate coverage of the dependent when the premiums paid are no longer sufficient to cover continuation of the enrollment. The Secretary shall prescribe in regulations under subsection (h) the parties responsible for paying the remaining premiums due on the enrollment and the manner for collection of the premiums.
**(h) Regulations.—** The dental insurance plan established under subsection (a) shall be administered under regulations prescribed by the Secretary of Defense, in consultation with the other administering Secretaries.
**(i) Voluntary Disenrollment.—**
(1) With respect to enrollment in the dental insurance plan established under subsection (a), the Secretary of Defense—
(A) shall allow for a period of up to 30 days at the beginning of the prescribed minimum enrollment period during which an enrollee may disenroll; and
(B) shall provide for limited circumstances under which disenrollment shall be permitted during the prescribed enrollment period, without jeopardizing the fiscal integrity of the dental program.
(2) The circumstances described in paragraph (1)(B) shall include—
(A) a case in which a retired member, surviving spouse, or dependent of a retired member who is also a Federal employee is assigned to a location outside the jurisdiction of the dental insurance plan established under subsection (a) that prevents utilization of dental benefits under the plan;
(B) a case in which a retired member, surviving spouse, or dependent of a retired member is prevented by a serious medical condition from being able to obtain benefits under the plan;
(C) a case in which severe financial hardship would result; and
(D) any other circumstances which the Secretary considers appropriate.
(3) The Secretary shall establish procedures for timely decisions on requests for disenrollment under this section and for appeal to the TRICARE Management Activity of adverse decisions.
**(j) Definitions.—** In this section:
(1) The term “eligible dependent” means a dependent described in subparagraph (A), (D), or (I) of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
(2) The term “eligible child dependent” means a dependent described in subparagraph (D) or (I) of [section 1072(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1072/2&num=0&edition=prelim).
(3) The term “retired pay” includes retainer pay.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “employee” means an employee defined under section 8901(1) and an employee of the District of Columbia courts.
(2) The terms “annuitant”, “member of family”, and “dependent” have the meanings as such terms are defined under paragraphs (3), (5), and (9), respectively, of section 8901.
(3) The term “eligible individual” refers to an individual described in paragraph (1), (2), or (8), without regard to whether the individual is enrolled in a health benefits plan under chapter 89.
(4) The term “Office” means the Office of Personnel Management.
(5) The term “qualified company” means a company (or consortium of companies or an employee organization defined under section 8901(8)) that offers indemnity, preferred provider organization, health maintenance organization, or discount dental programs and if required is licensed to issue applicable coverage in any number of States, taking any subsidiaries of such a company into account (and, in the case of a consortium, considering the member companies and any subsidiaries thereof, collectively).
(6) The term “employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under chapter 89.
(7) The term “State” includes the District of Columbia.
(8) The term “covered TRICARE-eligible individual” means an individual entitled to dental care under chapter 55 of title 10, pursuant to section 1076c of such title, who the Secretary of Defense determines should be an eligible individual for purposes of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8951
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In managing the provision of hospital care and medical services under [section 1710(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a&num=0&edition=prelim), the Secretary, in accordance with regulations the Secretary shall prescribe, shall establish and operate a system of annual patient enrollment. The Secretary shall manage the enrollment of veterans in accordance with the following priorities, in the order listed:
(1) Veterans with service-connected disabilities rated 50 percent or greater and veterans who were awarded the medal of honor under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14.
(2) Veterans with service-connected disabilities rated 30 percent or 40 percent.
(3) Veterans who are former prisoners of war or who were awarded the Purple Heart, veterans with service-connected disabilities rated 10 percent or 20 percent, and veterans described in subparagraphs (B) and (C) of [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710/a/2&num=0&edition=prelim).
(4) Veterans who are in receipt of increased pension based on a need of regular aid and attendance or by reason of being permanently housebound and other veterans who are catastrophically disabled.
(5) Veterans not covered by paragraphs (1) through (4) who are unable to defray the expenses of necessary care as determined under [section 1722(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1722/a&num=0&edition=prelim).
(6) All other veterans eligible for hospital care, medical services, and nursing home care under [section 1710(a)(2) of this title](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Dental Plans.—** The Secretary of Defense may establish, and in the case of the dental plan described in paragraph (1) shall establish, the following voluntary enrollment dental plans:
(1) **Plan for selected reserve and individual ready reserve.—** — A dental insurance plan for members of the Selected Reserve of the Ready Reserve and for members of the Individual Ready Reserve described in sub[section 10144(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10144/b&num=0&edition=prelim).
(2) **Plan for other reserves.—** — A dental insurance plan for members of the Individual Ready Reserve not eligible to enroll in the plan established under paragraph (1).
(3) **Plan for active duty dependents.—** — Dental benefits plans for eligible dependents of members of the uniformed services who are on active duty for a period of more than 30 days.
(4) **Plan for ready reserve dependents.—** — A dental benefits plan for eligible dependents of members of the Ready Reserve of the reserve components who are not on active duty for more than 30 days.
**(b) Administration of Plans.—**
(1) **In general.—** — The plans established under this section shall be administered under regulations prescribed by the Secretary of Defense in consultation with the other administering Secretaries.
(2) **Premium sharing plans.—** — Effective as of January 1, 2027, the regulations prescribed pursuant to paragraph (1) shall include, with respect to premium sharing plans referred to in subsection (d)(1), the following elements:
(A) A third party administrator shall manage the administrative features of such plans, including eligibility, enrollment, plan change and premium payment processes, submission of qualifying life events cha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1076a
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Federal law — U.S. Code and appendices · legal_authorities
Page 1083
TITLE 10—ARMED FORCES
§ 1076c
cept that the term does not include the dependent
after the end of the three-year period beginning on
the date of the member’s death.’’
2004—Subsec. (k)(2). Pub. L. 108–375 substituted
‘‘under subsection (a),’’ for ‘‘under subsection (a) or’’
and inserted ‘‘or is not enrolled because the dependent
is a child under the minimum age for enrollment,’’
after ‘‘under subsection (f),’’.
2002—Subsec. (k)(2). Pub. L. 107–314 substituted ‘‘if, on
the date of the death of the member, the dependent is
enrolled in a dental benefits plan established under
subsection (a) or is not enrolled in such a plan by rea-
son of a discontinuance of a former enrollment under
subsection (f)’’ for ‘‘if the dependent is enrolled on the
date of the death of the member in a dental benefits
plan established under subsection (a)’’.
2000—Subsec. (k)(2). Pub. L. 106–398 substituted
‘‘three-year period’’ for ‘‘one-year period’’.
Statutory Notes and Related Subsidiaries
RULEMAKING
Pub. L. 117–263, div. A, title VII, § 701(b), Dec. 23, 2022,
136 Stat. 2646, as amended by Pub. L. 118–159, div. A,
title VII, § 704(b)(1), Dec. 23, 2024, 138 Stat. 1942, provided
that: ‘‘Pursuant to the authority under section
1076a(b)(1) of title 10, United States Code, as amended
by subsection (a), the Secretary of Defense shall—
‘‘(1) not later than January 1, 2026, prescribe an in-
terim final rule to carry out the amendments made
by subsection (a) [amending this section]; and
‘‘(2) after prescribing the interim final rule under
subparagraph (A) [sic; probably should be ‘‘paragraph
(1)’’] and considering public comments with respect
to such interim final rule, prescribe a final rule, ef-
fective on January 1, 2027, to carry out such amend-
ments.’’
TRANSITIO
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1076c
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.