10 U.S.C. § 1076c — Dental insurance plan: certain retirees

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.’’ TRANSITION OF ADMINISTRATION OF TRICARE DENTAL PLANS Pub. L. 115–232, div. A, title VII, § 713(d), Aug. 13, 2018, 132 Stat. 1812, which related to transition of adminis- tration of TRICARE dental plans, was repealed by Pub. L. 116–283, div. A, title VII, § 711(c), Jan. 1, 2021, 134 Stat. 3691. AUTHORIZATION TO EXPAND ENROLLMENT IN DEPEND- ENTS’ DENTAL PROGRAM TO CERTAIN MEMBERS RE- TURNING FROM OVERSEAS ASSIGNMENTS Pub. L. 103–160, div. A, title VII, § 703, Nov. 30, 1993, 107 Stat. 1687, provided that: ‘‘(a) AUTHORITY TO EXPAND PROGRAM.—After March 31, 1994, the Secretary of Defense may expand the de- pendents’ dental program established under section 1076a of title 10, United States Code, to permit a mem- ber of the uniformed services described in subsection (b) to enroll dependents described in subsection (a) of such section in a dental benefits plan under the pro- gram without regard to the length of the uncompleted portion of the member’s period of obligated service. ‘‘(b) COVERED MEMBERS.—A member referred to in subsection (a) is a member of the uniformed services who is— ‘‘(1) on active duty for a period of more than 30 days (as defined in section 101(d)(2) of title 10, United States Code); and ‘‘(2) reassigned from a permanent duty station where a dental benefits plan under the dependents’ dental program is not available to a permanent duty station where such a plan is available. ‘‘(c) REPORT ON ADVISABILITY OF EXPANSION.—Not later than February 28, 1994, the Secretary shall submit to Congress a report evaluating the advisability of ex- panding the enrollment eligibility of members of the uniformed services in the dependents’ dental program in the manner authorized in subsection (a). The report shall include an analysis of the cost implications for such an expansion to the Federal Government, bene- ficiaries under the dependents’ dental program, and contractors under the program. ‘‘(d) NOTIFICATION OF EXERCISE OF AUTHORITY.—The Secretary shall notify Congress of any decision to ex- pand the enrollment eligibility of dependents in the de- pendents’ dental program as provided in subsection (a) not later than 30 days before such expansion takes ef- fect.’’ [§ 1076b. Repealed. Pub. L. 109–364, div. A, title VII, § 706(d), Oct. 17, 2006, 120 Stat. 2282] Section, added Pub. L. 108–106, title I, § 1115(a), Nov. 6, 2003, 117 Stat. 1216; amended Pub. L. 108–136, div. A, title VII, § 702, Nov. 24, 2003, 117 Stat. 1525; Pub. L. 109–163, div. A, title VII, § 702(a)(1), Jan. 6, 2006, 119 Stat. 3340; Pub. L. 109–364, div. A, title VII, § 704(d), Oct. 17, 2006, 120 Stat. 2280, related to TRICARE Standard cov- erage for members of the Selected Reserve. A prior section 1076b, added Pub. L. 104–106, div. A, title VII, § 705(a)(1), Feb. 10, 1996, 110 Stat. 372; amended Pub. L. 104–201, div. A, title VII, § 702(a), (b), Sept. 23, 1996, 110 Stat. 2588; Pub. L. 105–85, div. A, title VII, § 733(a), Nov. 18, 1997, 111 Stat. 1812, related to Selected Reserve dental insurance, prior to repeal by Pub. L. 106–65, div. A, title VII, § 711(a), Oct. 5, 1999, 113 Stat. 685. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 109–364, div. A, title VII, § 706(d), Oct. 17, 2006, 120 Stat. 2282, provided that the repeal made by section 706(d) is effective Oct. 1, 2007. § 1076c. Dental insurance plan: certain retirees and their surviving spouses and other de- pendents (a) REQUIREMENT FOR PLAN.—(1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, cer- tain unremarried surviving spouses, and depend- ents in accordance with this section. (2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agree- ment with the Director of the Office of Per- sonnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides bene- fits similar to those benefits required to be pro- vided under subsection (d). (b) PERSONS ELIGIBLE FOR PLAN.—The fol- lowing persons are eligible to enroll in the den- tal 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 de- scribed in paragraph (1) or (2) who are covered by the enrollment of the member in the plan. (4) Eligible dependents of a member de- scribed in paragraph (1) or (2) who is not en- rolled in the plan and who— (A) is enrolled under section 1705 of title 38 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 sep- arate from the military service of the member; and (ii) is not available to dependents of the member as a result of such separate em- ployment by the member; or Page 1084 TITLE 10—ARMED FORCES § 1076c (C) is prevented by a medical or dental condition from being able to obtain benefits under the plan. (5) The unremarried surviving spouse and el- igible child dependents of a deceased mem- ber— (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; or (C) who died while on active duty for a pe- riod of more than 30 days and whose eligible dependents are not eligible, or no longer eli- gible, for dental benefits under section 1076a of this title. (c) PREMIUMS.—(1) A member enrolled in the dental insurance plan established under sub- section (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 re- tired pay shall be deducted and withheld from the retired pay of the member (if pay is avail- able 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 for plans established under that sec- tion and shall include diagnostic services, pre- ventative services, endodontics and other basic restorative services, surgical services, and emer- gency services. (e) COVERAGE.—(1) The Secretary shall pre- scribe a minimum required period for enroll- ment by a member or surviving spouse in the dental insurance plan established under sub- section (a). (2) The dental insurance plan shall provide for voluntary enrollment of participants and shall authorize a member or eligible unremarried sur- viving 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 den- tal insurance plan established under subsection (a) upon the occurrence of the following: (1) In the case of an enrollment under sub- section (b)(1), termination of the member’s en- titlement to retired pay. (2) In the case of an enrollment under sub- section (b)(2), termination of the member’s status as a member of the Retired Reserve. (3) In the case of an enrollment under sub- section (b)(5), remarriage of the surviving spouse. (g) CONTINUATION OF DEPENDENTS’ ENROLLMENT UPON DEATH OF ENROLLEE.—Coverage of a de- pendent 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 depend- ent’s enrollment. The Secretary may terminate coverage of the dependent when the premiums paid are no longer sufficient to cover continu- ation 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 man- ner for collection of the premiums. (h) REGULATIONS.—The dental insurance plan established under subsection (a) shall be admin- istered under regulations prescribed by the Sec- retary of Defense, in consultation with the other administering Secretaries. (i) VOLUNTARY DISENROLLMENT.—(1) With re- spect 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, with- out 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, sur- viving spouse, or dependent of a retired mem- ber who is also a Federal employee is assigned to a location outside the jurisdiction of the dental insurance plan established under sub- section (a) that prevents utilization of dental benefits under the plan; (B) a case in which a retired member, sur- viving spouse, or dependent of a retired mem- ber is prevented by a serious medical condi- tion 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 Sec- retary 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 ad- verse 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. (2) The term ‘‘eligible child dependent’’ means a dependent described in subparagraph (D) or (I) of section 1072(2) of this title. (3) The term ‘‘retired pay’’ includes retainer pay. (Added Pub. L. 104–201, div. A, title VII, § 703(a)(1), Sept. 23, 1996, 110 Stat. 2588; amended Pub. L. 105–85, div. A, title VII, §§ 701, 733(b), 734, Nov. 18, 1997, 111 Stat. 1807, 1812, 1813; Pub. L. 105–261, div. A, title VII, § 702, Oct. 17, 1998, 112 Stat. 2056; Pub. L. 106–65, div. A, title VII, § 704, Oct. 5, 1999, 113 Stat. 683; Pub. L. 106–398, § 1 [[div. A], title VII, § 726, title X, § 1087(a)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A–187, 1654A–290; Pub. L. 114–328, div. A, title VII, § 715(b)(3), Dec. 23, 2016, 130 Stat. 2222.) Page 1085 TITLE 10—ARMED FORCES § 1076d Editorial Notes AMENDMENTS 2016—Subsec. (a). Pub. L. 114–328 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense, in consultation with the other administering Secretaries, shall establish a den- tal insurance plan for retirees of the uniformed serv- ices, certain unremarried surviving spouses, and de- pendents in accordance with this section.’’ 2000—Subsec. (b)(5)(C). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(6)], struck out ‘‘pursuant to subsection (i)(2) of such section’’ after ‘‘section 1076a of this title’’. Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(b)], substituted ‘‘Required Terminations’’ for ‘‘Termination’’ in heading. Subsecs. (i), (j). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(a)], added subsec. (i) and redesignated former sub- sec. (i) as (j). 1999—Subsec. (d). Pub. L. 106–65 amended heading and text of subsec. (d) generally. Text read as follows: ‘‘The dental insurance plan established under subsection (a) shall provide benefits for basic dental care and treat- ment, including diagnostic services, preventative serv- ices, basic restorative services (including endodontics), surgical services, and emergency services.’’ 1998—Subsec. (b)(4), (5). Pub. L. 105–261, § 702(a), added par. (4) and redesignated former par. (4) as (5). Subsec. (f)(3). Pub. L. 105–261, § 702(b), substituted ‘‘(b)(5)’’ for ‘‘(b)(4)’’. 1997—Subsec. (a). Pub. L. 105–85, § 734(a)(1), (b)(1), sub- stituted ‘‘The Secretary of Defense, in consultation with the other administering Secretaries, shall estab- lish a dental insurance plan for retirees of the uni- formed services’’ for ‘‘The Secretary of Defense shall establish a dental insurance plan for military retirees’’. Subsec. (b)(1). Pub. L. 105–85, § 734(a)(2), substituted ‘‘uniformed services’’ for ‘‘Armed Forces’’. Subsec. (b)(4)(A). Pub. L. 105–85, § 701(1)(A), sub- stituted ‘‘died’’ for ‘‘dies’’. Subsec. (b)(4)(C). Pub. L. 105–85, § 701(1)(B), (2), (3), added subpar. (C). Subsec. (c)(2). Pub. L. 105–85, § 733(b), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘The amount of the premiums payable by a member en- titled to retired pay shall be deducted and withheld from the retired pay and shall be disbursed to pay the premiums. The regulations prescribed under subsection (h) shall specify the procedures for payment of the pre- miums by other enrolled members and by enrolled sur- viving spouses.’’ Subsec. (h). Pub. L. 105–85, § 734(b)(2), substituted ‘‘other administering Secretaries’’ for ‘‘Secretary of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Amendment by Pub. L. 114–328 applicable with re- spect to the first contract year for chapter 89A or 89B of Title 5, Government Organization and Employees, as applicable, that begins on or after Jan. 1, 2018, see sec- tion 715(c) of Pub. L. 114–328, set out as a note under section 8951 of Title 5. LIMITATION ON IMPLEMENTATION OF ALTERNATIVE COLLECTION PROCEDURES Pub. L. 105–85, div. A, title VII, § 733(d), Nov. 18, 1997, 111 Stat. 1813, provided that: ‘‘The Secretary of Defense may not implement procedures for collecting premiums under [former] section 1076b(b)(3) of title 10, United States Code, or section 1076c(c)(2) of such title other than by deductions and withholding from pay until 120 days after the date that the Secretary submits a report to Congress describing the justifications for imple- menting such alternative procedures.’’ IMPLEMENTATION OF DENTAL PLAN Pub. L. 104–201, div. A, title VII, § 703(b), Sept. 23, 1996, 110 Stat. 2590, as amended by Pub. L. 105–85, div. A, title VII, § 733(e), Nov. 18, 1997, 111 Stat. 1813, provided that: ‘‘Beginning not later than April 1, 1998, the Secretary of Defense shall— ‘‘(1) offer members of the Armed Forces and other persons described in subsection (b) of section 1076c of title 10, United States Code (as added by subsection (a)(1) of this section), the opportunity to enroll in the dental insurance plan required under that section; and ‘‘(2) begin to provide benefits under the plan.’’ § 1076d. TRICARE program: TRICARE Reserve Select coverage for members of the Selected Reserve (a) ELIGIBILITY.—(1) Except as provided in paragraph (2), a member of the Selected Reserve of the Ready Reserve of a reserve component of the armed forces is eligible for health benefits under TRICARE Reserve Select as provided in this section. (2) During the period preceding January 1, 2030, 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) TERMINATION OF ELIGIBILITY UPON TERMI- NATION OF SERVICE.—(1) Except as provided in paragraph (2), eligibility for TRICARE Reserve Select coverage of a member under this section shall terminate upon the termination of the member’s service in the Selected Reserve. (2) During the period beginning on the date of the enactment of this paragraph and ending De- cember 31, 2018, eligibility for a member under this section who is involuntarily separated from the Selected Reserve under other than adverse conditions, as characterized by the Secretary concerned, shall terminate 180 days after the date on which the member is separated. (c) FAMILY MEMBERS.—While a member of a re- serve component is covered by TRICARE Re- serve Select under the section, the members of the immediate family of such member are eligi- ble for TRICARE Reserve Select coverage as de- pendents of the member. If a member of a re- serve component dies while in a period of cov- erage under this section, the eligibility of the members of the immediate family of such mem- ber for TRICARE Reserve Select coverage shall continue for six months beyond the date of death of the member. (d) PREMIUMS.—(1) A member of a reserve com- ponent covered by TRICARE Reserve Select under this section shall pay a premium for that coverage. Such premium shall apply instead of any enrollment fees required under section 1075 of this title. (2) The Secretary of Defense shall prescribe for the purposes of this section one premium for TRICARE Reserve Select coverage of members without dependents and one premium for TRICARE Reserve Select coverage of members with dependents referred to in subsection (f)(1). The premium prescribed for a coverage shall apply uniformly to all covered members of the reserve components. (3)(A) The monthly amount of the premium in effect for a month for TRICARE Reserve Select coverage under this section shall be the amount equal to 28 percent of the total monthly amount determined on an appropriate actuarial basis as being reasonable for that coverage. (B) The appropriate actuarial basis for pur- poses of subparagraph (A) shall be determined,