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106TH CONGRESS

1ST SESSION H. R. 475

To amend title 10, United States Code, to extend eligibility to use the

military health care system and commissary stores to an unremarried

former spouse of a member of the uniformed services if the member

performed at least 20 years of service which is creditable in determining

the member’s eligibility for retired pay and the former spouse was married to the member for a period of at least 17 years during those

years of service.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 2, 1999

Mrs. MINK of Hawaii introduced the following bill; which was referred to the

Committee on Armed Services

A BILL

To amend title 10, United States Code, to extend eligibility

to use the military health care system and commissary

stores to an unremarried former spouse of a member

of the uniformed services if the member performed at

least 20 years of service which is creditable in determining the member’s eligibility for retired pay and the

former spouse was married to the member for a period

of at least 17 years during those years of service.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. COVERAGE UNDER THE MILITARY HEALTH

2 CARE SYSTEM FOR CERTAIN FORMER

3 SPOUSES.

4 (a) COVERAGE GENERALLY.—Section 1072(2) of

5 title 10, United States Code, is amended—

6 (1) by striking out ‘‘and’’ at the end of sub7 paragraph (H);

8 (2) by striking out the period at the end of sub9 paragraph (I) and inserting in lieu thereof ‘‘; and’’;

10 and

11 (3) by adding at the end the following:

12 ‘‘(J) a person who (i) is the unremarried

13 former spouse of a member or former member

14 who performed at least 20 years of service

15 which is creditable in determining the member

16 or former member’s eligibility for retired or re17 tainer pay, or equivalent pay, and on the date

18 of the final decree of divorce, dissolution, or an19 nulment, had been married to the member or

20 former member for a period of at least 17 years

21 during the period the member or former mem22 ber performed service creditable in determining

23 the member or former member’s eligibility for

24 retired or retainer pay, and (ii) does not have

25 medical coverage under an employer-sponsored

26 health plan.’’.
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1 (b) CONFORMING AMENDMENTS.—(1) Section

2 1072(2)(H) of title 10, United States Code, is amended—

3 (A) by inserting after ‘‘who’’ the following:

4 ‘‘does not qualify as a dependent under subpara5 graph (J) but who’’; and

6 (B) by striking out ‘‘clause (G)’’ and inserting

7 in lieu thereof ‘‘subparagraph (G)’’.

8 (2) Section 1078a(b)(3)(C) of such title is amended

9 by striking out ‘‘or (G)’’ and inserting in lieu thereof ‘‘,

10 (G), or (J)’’.

11 (3) Section 1086(c)(3) of such title is amended by

12 striking out ‘‘or (H)’’ and inserting in lieu thereof ‘‘(H),

13 or (J)’’.

14 (c) EFFECT OF COVERAGE ON EXISTING FORMER

15 SPOUSES.—An unremarried former spouse of a member

16 or former member of the uniformed services described in

17 subparagraph (J) of section 1072(2) of title 10, United

18 States Code, as added by subsection (a), whose date of

19 final decree of divorce, dissolution, or annulment is before

20 the date of the enactment of this Act shall be eligible to

21 receive health care benefits and services provided under

22 chapter 55 of such title as a result of operation of such

23 subparagraph only if—

24 (1) the former spouse files an application with

25 the Secretary of Defense not later than one year
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1 after the date of the enactment of this Act request2 ing such medical and dental care and certifying that

3 the former spouse satisfies the conditions for eligi4 bility; and

5 (2) the Secretary determines that the former

6 spouse does in fact satisfy the conditions for eligi7 bility.

8 SEC. 2. EXTENSION OF COMMISSARY BENEFITS TO CER9 TAIN FORMER SPOUSES.

10 (a) EXTENSION OF BENEFITS.—Section 1062 of title

11 10, United States Code, is amended by inserting ‘‘or

12 (J)(i)’’ after ‘‘subparagraph (F)(i)’’.

13 (b) APPLICABILITY.—The amendment made by sub14 section (a) applies to an unremarried former spouse of a

15 member or former member of the uniformed services de16 scribed in subparagraph (J) of section 1072(2) of such

17 title, as added by section 1(a), whose date of final decree

18 of divorce, dissolution, or annulment is before, on, or after

19 the date of the enactment of this Act.

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