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104TH CONGRESS

1ST SESSION H. R. 1726

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.

IN THE HOUSE OF REPRESENTATIVES

MAY 25, 1995

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

Committee on National Security

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.

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 (G);

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

10 and

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

12 ‘‘(I) 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

21 years, and (ii) does not have medical coverage

22 under an employer-sponsored health plan.’’.

23 (b) CONFORMING AMENDMENTS.—(1) Section

24 1072(2)(H) of title 10, United States Code, is amended—
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1 (A) by inserting after ‘‘who’’ the following:

2 ‘‘does not qualify as a dependent under subpara3 graph (I) but who’’; and

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

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

6 (2) Section 1076(b)(2) of such title is amended by

7 striking out ‘‘section 1072(2)(F)’’ and inserting in lieu

8 thereof ‘‘subparagraph (F) or (I) of section 1072(2)’’.

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

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

11 (G), or (I)’’.

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

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

14 or (I)’’.

15 (c) EFFECT OF COVERAGE ON EXISTING FORMER

16 SPOUSES.—An unremarried former spouse of a member

17 or former member of the uniformed services described in

18 subparagraph (I) of section 1072(2) of title 10, United

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

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

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

22 receive health care benefits and services provided under

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

24 subparagraph only if—
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1 (1) the former spouse files an application with

2 the Secretary of Defense not later than one year

3 after the date of the enactment of this Act request4 ing such medical and dental care and certifying that

5 the former spouse satisfies the conditions for eligi6 bility; and

7 (2) the Secretary determines that the former

8 spouse does in fact satisfy the conditions for eligi9 bility.

10 SEC. 2. EXTENSION OF COMMISSARY BENEFITS TO CER11 TAIN FORMER SPOUSES.

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

13 10, United States Code, is amended by inserting ‘‘or

14 (I)(i)’’ after ‘‘subparagraph (F)(i)’’.

15 (b) APPLICABILITY.—The amendment made by sub16 section (a) applies to an unremarried former spouse of a

17 member or former member of the uniformed services de18 scribed in subparagraph (I) of section 1072(2) of such

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

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

21 the date of the enactment of this Act.

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