II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guard and Reserve 

5 Readiness and Retention Act of 2005’’. 
2 

•S 337 IS 

1 SEC. 2. ELIGIBILITY FOR RETIRED PAY FOR NON-REGULAR 

2 SERVICE. 

3 (a) AGE AND SERVICE REQUIREMENTS.—Subsection 

4 (a) of section 12731 of title 10, United States Code, is 

5 amended to read as follows: 

6 ‘‘(a)(1) Except as provided in subsection (c), a person 

7 is entitled, upon application, to retired pay computed 

8 under section 12739 of this title, if the person— 

9 ‘‘(A) satisfies one of the combinations of re10 quirements for minimum age and minimum number 

11 of years of service (computed under section 12732 of 

12 this title) that are specified in the table in para13 graph (2); 

14 ‘‘(B) performed the last six years of qualifying 

15 service while a member of any category named in 

16 section 12732(a)(1) of this title, but not while a 

17 member of a regular component, the Fleet Reserve, 

18 or the Fleet Marine Corps Reserve, except that in 

19 the case of a person who completed 20 years of serv20 ice computed under section 12732 of this title before 

21 October 5, 1994, the number of years of qualifying 

22 service under this subparagraph shall be eight; and 

23 ‘‘(C) is not entitled, under any other provision 

24 of law, to retired pay from an armed force or re25 tainer pay as a member of the Fleet Reserve or the 

26 Fleet Marine Corps Reserve. 
3 

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1 ‘‘(2) The combinations of minimum age and min2 imum years of service required of a person under subpara3 graph (A) of paragraph (1) for entitlement to retired pay 

4 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.’’. 

5 (b) 20-YEAR LETTER.—Subsection (d) of such sec6 tion is amended by striking ‘‘the years of service required 

7 for eligibility for retired pay under this chapter’’ in the 

8 first sentence and inserting ‘‘20 years of service computed 

9 under section 12732 of this title.’’. 

10 (c) EFFECTIVE DATE.—This section and the amend11 ments made by this subsection (a) shall take effect on the 

12 first day of the first month beginning on or after the date 

13 of the enactment of this Act and shall apply with respect 

14 to retired pay payable for that month and subsequent 

15 months. 

16 SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE 

17 MEMBERS UNDER TRICARE PROGRAM. 

18 (a) GENERAL ELIGIBILITY.—Subsection (a) of sec19 tion 1076d of title 10, United States Code, is amended— 
4 

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1 (1) by striking ‘‘(a) ELIGIBILITY.—A member’’ 

2 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro3 vided in paragraph (2), a member’’; 

4 (2) by striking ‘‘after the member completes’’ 

5 and all that follows through ‘‘one or more whole 

6 years following such date’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(2) Paragraph (1) does not apply to a member who 

10 is enrolled, or is eligible to enroll, in a health benefits plan 

11 under chapter 89 of title 5.’’. 

12 (b) CONDITION FOR TERMINATION OF ELIGI13 BILITY.—Subsection (b) of such section is amended by 

14 striking ‘‘(b) PERIOD OF COVERAGE.—(1) TRICARE 

15 Standard’’ and all that follows through ‘‘(3) Eligibility’’ 

16 and inserting ‘‘(b) TERMINATION OF ELIGIBILITY UPON

17 TERMINATION OF SERVICE.—Eligibility’’. 

18 (c) CONFORMING AMENDMENTS.— 

19 (1) Such section is further amended— 

20 (A) by striking subsection (e); and 

21 (B) by redesignating subsection (g) as sub22 section (e) and transferring such subsection 

23 within such section so as to appear following 

24 subsection (d). 
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1 (2) The heading for such section is amended to 

2 read as follows: 

3 ‘‘§ 1076d. TRICARE program: TRICARE Standard cov4 erage for members of the Selected Re5 serve’’. 

6 (d) REPEAL OF OBSOLETE PROVISION.—Section 

7 1076b of title 10, United States Code, is repealed. 

8 (e) CLERICAL AMENDMENTS.—The table of sections 

9 at the beginning of chapter 55 of title 10, United States 

10 Code, is amended— 

11 (1) by striking the item relating to section 

12 1076b; and 

13 (2) by striking the item relating to section 

14 1076d and inserting the following: 

‘‘1076d. TRICARE program: TRICARE Standard coverage for members of the 

Selected Reserve.’’. 

15 (f) SAVINGS PROVISION.—Enrollments in TRICARE 

16 Standard that are in effect on the day before the date of 

17 the enactment of this Act under section 1076d of title 10, 

18 United States Code, as in effect on such day, shall be con19 tinued until terminated after such day under such section 

20 1076d as amended by this section. 

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