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[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Rules and Regulations]
[Pages 2444-2448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-709]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 199

[DOD-2006-HA-0194; RIN 0720-AB07]

TRICARE; Certain Survivors of Deceased Active Duty Members; and 
Adoption Intermediaries

AGENCY: Office of the Secretary, DoD.

ACTION: Interim Final Rule.

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SUMMARY: This interim final rule implements two provisions of the 
National Defense Authorization Act for Fiscal Year 2006 (NDAA FY06), 
Public Law 109-163. First, Section 715 of the NDAA FY06 extends the 
time frame certain dependents of Active Duty Service Members (ADSM) who 
die while on active duty for more than 30 days shall receive TRICARE 
medical benefits at active duty dependent payment rates. Second, 
Section 592 of the NDAA FY06 modifies the requirement for those 
intermediaries who provide adoption placements.
    Additionally, this interim final rule makes an administrative 
clarification to the following two eligibility provisions: those placed 
in the legal custody of a member or former member; and those placed in 
the home of a member or former member in anticipation of adoption. This 
clarification makes a distinction between the two groups and specifies 
that for placement into legal custody by court order, the court order 
must be for a period of 12 consecutive months.
    Public comments are invited and will be considered for possible 
revisions to the final rule.

DATES: This rule is effective March 20, 2007.
    Comments: Written comments received at the address indicated below 
by March 20, 2007 will be accepted.

ADDRESSES: You may submit comments, identified by docket number and or 
RIN number and title, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) for this 
Federal Register document. The general policy for comments and other 
submissions from members of the public is to make these submissions 
available for public viewing on the Internet at http://regulations.gov 
as they are received without change, including any personal identifiers 
or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Ann N. Fazzini, (303) 676-3803 for 
questions regarding Section 715 as it relates to the TRICARE Basic 
Program; and also questions regarding Section 592.
    Mr. Michael Kottyan, (303) 676-3520 for questions regarding Section 
715 as it relates to the Extended Health Care Option (ECHO).
    Mr. John Leininger, (303) 676-3613, for questions regarding TRICARE 
Prime Remote.
    Questions regarding payment of specific claims should be addressed 
to the appropriate TRICARE contractor.

SUPPLEMENTARY INFORMATION: The Department is publishing this rule as an 
interim final rule in order to meet statutorily required effective 
dates. The Department is not exercising any discretion in implementing 
these provisions. In accordance with Section 715(b), the effective date 
for Section 715 is October 7, 2001 and shall apply with respect to 
deaths occurring on or after that date. The Department has no 
discretion concerning the benefits available to surviving dependents, 
the effective date, nor the time periods benefits are available to 
surviving spouses and children respectively. The effective date for 
Section 592 is January 6, 2006. Prior to the NDAAFY06, a child placed 
in the home by a placement agency recognized by the Secretary of 
Defense in anticipation of the legal adoption of the person was 
eligible for TRICARE. Section 592 of the NDAA FY06 expands those 
intermediaries who perform adoption placement to include placement by 
any source authorized by State or local law to provide adoption 
placement. The Department is not exercising any discretion in defining 
who are intermediaries who can perform adoption placement. In 
accordance with Public Law 103-160, section 702(b), the effective date 
for placement by a court is July 1, 1994. In accordance with Public Law 
103-337, section 701, the effective date for placement by a recognized 
adoption agency October 5, 1994. These last two changes are 
administrative corrections

[[Page 2445]]

only. Public comments are invited and will be considered for possible 
revisions to the final rule.
    The effective date for Section 715 is October 7, 2001 and shall 
apply with respect to deaths occurring on or after that date. The 
effective date for Section 592 is January 6, 2006. In accordance with 
Public Law 103-160, section 702(b), the effective date for placement by 
a court is July 1, 1994. In accordance with Public Law 103-337, section 
701, the effective date for placement by a recognized adoption agency 
October 5, 1994.

I. Payment Rates for Dependents of Deceased Active Duty Service Members 
Introduction and Background

    Dependents of active-duty members who died while on active duty 
have been always eligible for TRICARE; however, their payment rates/
cost-sharing provisions have changed over time. Initially, their cost-
sharing provisions were at the retiree payment rate for all care 
received. This was amended by Section 707(c) of the National Defense 
Authorization Act for Fiscal Year 1995, Public Law 103-337, which 
provided for two changes. First, effective October 1, 1993, care was to 
be cost-shared at the active duty dependent payment rate for a one-year 
period. Second, for dependents of active duty members who died while on 
active duty between January 1, 1993, and October 1, 1993, only care for 
pre-existing conditions was cost-shared at the active duty dependent 
payment rate.
    An additional amendment to the time period for the payment rate for 
dependents of deceased active duty members was found in Section 704 of 
the Floyd D. Spence National Defense Authorization Act for Fiscal Year 
2001. Section 704 added a two-year extension of the active-duty 
dependent cost-sharing provision which allowed survivors of deceased 
active duty members to remain eligible for TRICARE at the active duty 
dependent payment rate for a total of three years from the date of 
death. After three years, survivors remained eligible for TRICARE at 
the retiree payment rate.

Section 715 of the NDAA-FY06

General
    Section 715 of the NDAA FY06 further modified the cost-sharing 
provision for certain dependents of deceased active duty members by 
adding the following subparagraph 1079(g)(2) to title 10, United States 
Code:

    (2) In addition to any continuation of eligibility for benefits 
under paragraph (1), when a member dies while on active duty for a 
period of more than 30 days, the member's dependents who are 
receiving benefits under a plan covered by subsection (a) shall 
continue to be eligible for benefits under TRICARE Prime during the 
three-year period beginning on the date of the member's death, 
except that, in the case of such a dependent of the deceased who is 
described by subparagraph (D) or (I) of section 1072(2) of this 
title, the period of continued eligibility shall be the longer of 
the following periods beginning on such date:
    (A) Three years.
    (B) The period ending on the date on which such dependent 
attains 21 years of age.
    (C) In the case of such a dependent who, at 21 years of age, is 
enrolled in a full-time course of study in a secondary school or in 
a full-time course of study in an institution of higher education 
approved by the administering Secretary and was, at the time of the 
member's death, in fact dependent on the member for over one-half of 
such dependent's support, the period ending on the earlier of the 
following dates:
    (i) The date on which such dependent ceases to pursue such a 
course of study, as determined by the administering Secretary.
    (ii) The date on which such dependent attains 23 years of age.
    (3) For the purposes of paragraph (2)(C), a dependent shall be 
treated as being enrolled in a full-time course of study in an 
institution of higher education during any reasonable period of 
transition between the dependent's completion of a full-time course 
of study in a secondary school and the commencement of an enrollment 
in a full-time course of study in an institution of higher 
education, as determined by the administering Secretary.
    (4) The terms and conditions under which health benefits are 
provided under this chapter to a dependent of a deceased member 
under paragraph (2) shall be the same as those that would apply to 
the dependent under this chapter if the member were living and 
serving on active duty for a period of more than 30 days.
    (5) In this subsection, the term ``TRICARE Prime'' means the 
managed care option of the TRICARE program.

Certain Dependents

    Section 715 of the NDAA FY06 changed the time frame that certain 
dependents shall continue to retain eligibility to enroll in TRICARE 
Prime at the active duty dependent payment rate and receive the same 
health benefits that would apply to them if the member were still 
living and serving on active duty. Section 715 applies to those 
dependents defined in 10 U.S.C. Chapter 55, subparagraph (D) or (I) of 
section 1072(2). In the supplementary section of this Interim Final 
Rule, those dependents in subparagraphs (D) and (I) are referred to as 
``certain dependents'' and the specific legislative language for these 
two subparagraphs is outlined below.
    Subparagraph (D) of 1072(2) addresses a child who--
    (i) has not attained the age of 21;
    (ii) has not attained the age of 23, is enrolled in a full-time 
course of study at an institution of higher learning approved by the 
administering Secretary and is, or was at the time of the member's or 
former member's death, in fact dependent on the member or former member 
for over one-half of the child's support; or
    (iii) is incapable of self-support because of a mental or physical 
incapacity that occurs while a dependent of a member or former member 
under clause (i) or (ii) and is, or was at the time of the member's or 
former member's death, in fact dependent on the member or former member 
for over one-half of the child's support.
    Subparagraph (I) addresses an unmarried person who--
    (i) is placed in the legal custody of the member or former member 
as a result of an order of a court of competent jurisdiction in the 
United States (or possession of the United States) for a period of at 
least 12 consecutive months;
    (ii) either--
    (I) has not attained the age of 21;
    (II) has not attained the age of 23 and is enrolled in a full time 
course of study at an institution of higher learning approved by the 
administering Secretary; or
    (III) is incapable of self support because of a mental or physical 
incapacity that occurred while the person was considered a dependent of 
the member or former member under this subparagraph pursuant to 
subclause (I) or (II);
    (iii) is dependent on the member or former member for over one-half 
of the person's support;
    (iv) resides with the member or former member unless separated by 
the necessity of military service or to receive institutional care as a 
result of disability or incapacitation or under such other 
circumstances as the administering Secretary may by regulation 
prescribe; and
    (v) is not a dependent of a member or a former member under any 
other subparagraph.
    These certain dependents may avail themselves of the active duty 
dependent payment rates available under TRICARE Standard, Extra, or 
Prime and enjoy medical benefits at the active duty dependent payment 
rate in accordance with the time frames listed in Section 715. Of 
significance is the cost saving opportunity Section 715 presents for 
those certain dependents that choose to

[[Page 2446]]

enroll in TRICARE Prime. Currently, there is no TRICARE Prime 
enrollment fee and no TRICARE Prime copayment for an active duty 
dependent Prime enrollee so those certain dependents who are enrolled 
in Prime also would have no Prime enrollment fee and no Prime 
copayment.
    Those certain dependents that choose TRICARE Standard or Extra 
would be responsible for the active duty payment rate (cost-share) 
applicable under those two programs. The active duty dependent payment 
rates for TRICARE Standard and Extra vary by type of service 
(inpatient, outpatient, etc.) and can be found in 32 CFR 199.4(f).
TRICARE Prime Remote
    Because Section 715 references TRICARE Prime, the Department is 
interpreting this section to also include the TRICARE ``Prime-like'' 
benefit known as TRICARE Prime Remote (TPR). As a result, TPR will be 
available to surviving spouses and certain dependents whose sponsor 
died while on active duty for a period of more than 30 days. Surviving 
spouses will be eligible to enroll in TPR for a three-year period. 
Certain dependents will be eligible to enroll in TPR as long as they 
meet the criteria for being a dependent as described in 10 U.S.C. 
Chapter 55, subparagraph (D) or (I) of section 1072(2).
    For additional information on the TPR program, the reader should 
refer to the interim final rules that were published in the Federal 
Register on February 6, 2002, (67 FR 5477) and July 31, 2003 (68 FR 
44883).
Extended Care Health Option (ECHO)
    Based on the Department's interpretation of Section 715 of the NDAA 
FY06, the ECHO is also available to surviving spouses and certain 
dependents of deceased active duty members because these surviving 
spouses and certain dependents are treated as if the sponsoring member 
were still living and serving on active duty.
    For additional information on the ECHO program, the reader should 
refer to the final rules that were published in the Federal Register on 
July 28, 2004, (69 FR 44942) and August 20, 2004, (69 FR 51559).
Surviving Spouse
    We note that Section 715 of the NDAA FY 06 provision makes no 
change to the time frame that the surviving spouse shall receive care 
at the active duty dependent payment rate. Surviving spouses retain the 
three year period of TRICARE Prime, TPR, TRICARE Extra or TRICARE 
Standard at the active duty dependent payment rate. At the end of the 
three year period, surviving spouses continue eligibility for TRICARE 
benefits at the retiree payment rate.
    The provisions found in Section 715 are effective with respect to 
deaths occurring on or after October 7, 2001.

II. Eligibility Determinations

    Section 715 of the NDAA FY06 authorizes the time frame that certain 
dependents shall retain active duty dependent payment rates for medical 
benefits available under TRICARE. The provision has no impact on 
eligibility rules. Consequently, this provision does not preclude loss 
of eligibility as a result of any condition which routinely results in 
loss of TRICARE eligibility such as reaching age limits, marriage, 
remarriage, etc.
    Although the TRICARE Management Activity is tasked with publishing 
legislatively mandated eligibility changes to Title 10 U.S.C., 
determination of dependent eligibility is the primary responsibility of 
the Uniformed Services. TRICARE relies primarily on the Defense 
Enrollment Eligibility Reporting System (DEERS) for eligibility 
verification. However, a determination by the Uniformed Services that a 
person is eligible does not automatically entitle such a person to 
TRICARE payments. Before any TRICARE benefits may be extended, 
additional requirements of 32 CFR Part 199 must be met. In accordance 
with 10 U.S.C. 1084, as implemented by Sec.  199.3(h), disputes 
regarding eligibility as a dependent or dates of beginning eligibility 
for benefits under TRICARE can only be resolved by the appropriate 
Uniformed Service Secretary.

III. Modification of Requirement for Certain Intermediaries Under 
Certain Authorities Relating to Adoptions

    Section 592 of the NDAA FY06 states that:

    (a) Reimbursement for Adoption Expenses--Section 1052(g)(1) of 
title 10, United States Code, is amended by inserting `or other 
source authorized to place children for adoption under State or 
local law' after `qualified adoption agency'.
    (b) Treatment as Children for Medical and Dental Care Purposes--
Section 1072(6)(D)(i) of such title is amended by inserting `, or by 
any other source authorized by State or local law to provide 
adoption placement,' after `(recognized by the Secretary of 
Defense)'.

    Prior to the NDAA FY06, a child placed in the home by a placement 
agency recognized by the Secretary of Defense in anticipation of the 
legal adoption of the person was eligible for TRICARE. Section 592 of 
the NDAA FY06 expands those intermediaries who perform adoption 
placement to include placement by any source authorized by State or 
local law to provide adoption placement. This expanded language mirrors 
the language found in Title 10, Subpart A, Part II, Chapter 53, Section 
1052, reimbursement for adoption expenses, and provides consistency 
between personnel benefit policies in chapter 53 of Title 10, United 
States Code, and eligibility for TRICARE under chapter 55 of Title 10, 
United States Code. Effective date of the NDAA FY06 (and this 
provision) is January 6, 2006.

IV. Administrative Change--Court Order/Adoption Placement

    During the course of amending the regulation to incorporate the 
NDAA FY06 provisions, we identified the need for an administrative 
clarification to 32 CFR Part 199 Section 3. This interim final rule 
clarifies the eligibility provisions for an unmarried person who is 
placed in the legal custody of the member or former member as a result 
of an order of a court of competent jurisdiction in the United States 
(or possession of the United States) by stating that the court order 
must be for a period of at least 12 consecutive months. We currently 
address a child who is placed in legal custody of a member or former 
member, but the language unintentionally omitted the 12 consecutive 
month period required by 10 U.S.C. 1072(I)(i).
    Additionally, this rule clarifies that an unmarried person placed 
in legal custody of a member or former member is a category that is 
separate and distinct from those placed for adoption. We accomplish 
this by providing separate regulatory paragraphs for each group.
    For further information on these two groups, we refer the reader to 
the final rule that established these groups, 64 FR 46133, August 24, 
1999.

V. Regulatory Procedures

    We have examined the impact of the interim rule under Executive 
Order (EO) 13132 and it does not have policies that have federalism 
implications that would have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, therefore, consultation with State and local 
officials is not required.
    Section 801 of title 5, United States Code, and Executive Order 
12866 requires certain regulatory assessments and procedures for any 
major rule or significant regulatory action, defined as

[[Page 2447]]

one that would result in an annual effect of $100 million or more on 
the national economy or which would have other substantial impacts.
    The Regulatory Flexibility Act (RFA) requires that each Federal 
agency prepare, and make available for public comment, a regulatory 
flexibility analysis when the agency issues a regulation which would 
have a significant impact on a substantial number of small entities.
    This is not a major rule under 5 U.S.C. 801. It is a significant 
regulatory action but not economically significant, and has been 
reviewed by the Office of Management and Budget as required under the 
provisions of E. O. 12866. In addition, we certify that this proposed 
rule will not significantly affect a substantial number of small 
entities.
    This final rule will not impose additional information collection 
requirements on the public under the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 55).

List of Subjects in 32 CFR Part 199

    Claims, Dental health, Health care, Health insurance, Individuals 
with disabilities, Military personnel.

0
Accordingly, 32 CFR Part 199 is amended as follows:

PART 199--[AMENDED]

0
1. The authority citation for Part 199 continues to read as follows:

    Authority: 5 U.S.C. 301; 10 U.S.C. chapter 55.

0
2. Section 199.3 is amended by revising paragraph (b)(2)(ii)(H)(4) and 
by adding new paragraphs (b)(2)(iv), and (c)(9)(iii) to read as 
follows:

Sec.  199.3  Eligibility.

* * * * *
    (b) * * *
    (2) * * *
    (ii) * * *
    (H) * * *
    (4) An unmarried person. An unmarried person placed in the home of 
a member or former member prior to adoption. To be a dependent child, 
the unmarried person must not have reached the age of 21 (or otherwise 
meets the requirements of a student or incapacitated child set out in 
paragraphs (b)(2)((ii)(H)(1) or (b)(2)(ii)(H)(2) of this section) and 
has been placed in the home of the member or former member by a 
recognized placement agency or by any other source authorized by State 
or local law to provide adoption placement, in anticipation of legal 
adoption by the member or former member.
* * * * *
    (iv) An unmarried person who is placed in the legal custody of a 
member or former member by a court of competent jurisdiction in the 
United States (or possession of the United States) for a period of at 
least 12 consecutive months. The unmarried person shall be considered a 
dependent of the member or former member under this section provided he 
or she otherwise meets the following qualifications:
    (A) Has not reached the age of 21 unless he or she otherwise meets 
the requirements of a student set out in paragraph (b)(2)(ii)(H)(1) of 
this section or the requirements for being incapacitated as set out in 
paragraph (b)(2)(ii)(H)(2) of this section and the incapacitation 
occurred while he or she was a dependent of the member or former member 
through court ordered legal custody;
    (B) Is dependent on the member or former member for over one-half 
of the person's support;
    (C) Resides with the member or former member unless separated by 
the necessity of military service or to receive institutional care as a 
result of disability or incapacitation or under such other authorized 
circumstances; and,
    (D) Is not a dependent of a member or former member under any other 
provision of law or regulation.
* * * * *
    (c) * * *
    (9) * * *
    (iii) Has been placed in the home of a member by a placement agency 
or by any other source authorized by State or local law to provide 
adoption placement, in anticipation of the legal adoption of the 
member:
    (A) All benefits for which entitled, January 6, 2006.
    (B) Extended Care Health Option benefits limited to children of 
members only, January 6, 2006.
* * * * *

0
3. Section 199.5 is amended by revising paragraphs (a)(2), (b)(1), and 
(f)(3)(i) to read as follows:

Sec.  199.5  TRICARE Extended Care Health Care Option (ECHO).

    (a) * * *
    (2) The purpose of the ECHO is to provide an additional financial 
resource for an integrated set of services and supplies designed to 
assist in the reduction of the disabling effects of the ECHO-eligible 
dependent's qualifying condition. Services include those necessary to 
maintain, minimize or prevent deterioration of function of an ECHO-
eligible dependent.
    (b) * * *
    (1) The following categories of TRICARE/CHAMPUS beneficiaries with 
a qualifying condition are ECHO-eligible dependents:
    (i) A spouse, child, or unmarried person (as described in Sec.  
199.3(b)(2)(i), (b)(2)(ii), or (b)(2)(iv)) of a member of the Uniformed 
Services on active duty for a period of more than 30 days.
    (ii) An abused dependent as described in Sec.  199.3(b)(2)(iii).
    (iii) A spouse, child, or unmarried person (as described in Sec.  
199.3(b)(2)(i), (b)(2)(ii), or (b)(2)(iv)), of a member of the 
Uniformed Services who dies while on active duty for a period of more 
than 30 days and whose death occurs on or after October 7, 2001. In 
such case, an eligible surviving spouse remains eligible for benefits 
under the ECHO for a period of 3 years from the date the active duty 
sponsor dies. Any other eligible surviving dependent remains eligible 
for benefits under the ECHO for a period of three years from the date 
the active duty sponsor dies or until the surviving eligible dependent:
    (A) Attains 21 years of age, or
    (B) Attains 23 years of age or ceases to pursue a full-time course 
of study prior to attaining 23 years of age, if, at 21 years of age, 
the eligible surviving dependent is enrolled in a full-time course of 
study in a secondary school or in a full-time course of study in an 
institution of higher education approved by Secretary of Defense and 
was, at the time of the sponsor's death, in fact dependent on the 
member for over one-half of such dependent's support.
    (iv) A spouse, child, or unmarried person (as defined in paragraphs 
Sec.  199.3(b)(2)(i), (b)(2)(ii), or (b)(2)(iv)) of a deceased member 
of the Uniformed Services who, at the time of the member's death was 
receiving benefits under ECHO, and the member at the time of death was 
eligible for receipt of hostile-fire pay, or died as a result of a 
disease or injury incurred while eligible for such pay. In such a case, 
the surviving dependent remains eligible for benefits under ECHO 
through midnight of the dependent's twenty-first birthday.
* * * * *
    (f) * * *
    (3) * * *
    (i) ECHO. The total Government share of the cost of all ECHO 
benefits, except ECHO Home Health Care (EHHC) and EHHC respite care, 
provided in a given month to a beneficiary may not exceed $2,500 after 
application of the allowable payment methodology.
* * * * *

0
4. Section 199.17 is amended by:

[[Page 2448]]

0
a. Redesignating paragraphs (c)(3) and (c)(4) as paragraphs (c)(4) and 
(c)(5) respectively.

0
b. Adding new paragraph (c)(3).
0
c. Revising paragraphs (g)(2) and (g)(3)(i) introductory text.
0
d. Adding new paragraphs (g)(3)(i)(D) and (g)(3)(i)(E) to read as 
follows:

Sec.  199.17  TRICARE Program.

* * * * * *
    (c) * * *
    (3) Survivors of Deceased Members. (i) The spouse of a member who 
dies while on active duty for a period of more than 30 days is eligible 
to enroll in Prime for a 3 year period beginning on the date of the 
member's death. For the three year period, surviving spouses of a 
member who dies while on active duty for a period of more than 30 days 
are subject to the same rules and provisions as dependents of active 
duty members.
    (ii) A dependent child or unmarried person (as described in Sec.  
199.3(b)(2)(ii), or (b)(2)(iv)) of a member who dies while on active 
duty for a period of more than 30 days whose death occurred on or after 
October 7, 2001, is eligible to enroll in Prime and is subject to the 
same rules and provisions as dependents of active duty members for a 
period of three years from the date the active duty sponsor dies or 
until the surviving eligible dependent:
    (A) Attains 21 years of age, or
    (B) Attains 23 years of age or ceases to pursue a full-time course 
of study prior to attaining 23 years of age, if, at 21 years of age, 
the eligible surviving dependent is enrolled in a full-time course of 
study in a secondary school or in a full-time course of study in an 
institution of higher education approved by the Secretary of Defense 
and was, at the time of the sponsor's death, in fact dependent on the 
member for over one-half of such dependent's support.
* * * * *
    (g) * * *
    (2) Active duty family member. For purposes of this paragraph (g), 
the term ``active duty family member'' means one of the following 
dependents of an active duty member of the Uniformed Services:
    (i) Spouse, child, or unmarried person, as defined in paragraphs 
Sec.  199.3 (b)(2)(i), (b)(2)(ii) or (b)(2)(iv);
    (ii) For a 3-year period, the surviving spouse of a member who dies 
while on active duty for a period of more than 30 days whose death 
occurred on or after October 7, 2001; and
    (iii) The surviving dependent child or unmarried person, as defined 
in paragraphs Sec.  199.3 (b)(2)(ii) or (b)(2)(iv), of a member who 
dies while on active duty for a period of more than 30 days whose death 
occurred on or after October 7, 2001. Active duty family member status 
is for a period of 3 years from the date the active duty sponsor dies 
or until the surviving eligible dependent:
    (A) Attains 21 years of age, or
    (B) Attains 23 years of age or ceases to pursue a full-time course 
of study prior to attaining 23 years of age, if, at 21 years of age, 
the eligible surviving dependent is enrolled in a full-time course of 
study in a secondary school or in a full-time course of study in an 
institution of higher education approved by the Secretary of Defense 
and was, at the time of the sponsor's death, in fact dependent on the 
member for over one-half of such dependent's support.
    (3) Eligibility. (i) An active duty family member is eligible for 
TRICARE Prime Remote for Active Duty Family Members if he or she is 
eligible for CHAMPUS and, on or after December 2, 2003, meets the 
criteria of (g)(3)(i)(A) and (g)(3)(i)(B) or (g)(3)(i)(C) of this 
section or on or after October 7, 2001, meets the criteria of 
(g)(3)(i)(D) or (g)(3)(i)(E) of this section:
* * * * *
    (D) For a 3 year period, the surviving spouse of a member who dies 
while on active duty for a period of more than 30 days whose death 
occurred on or after October 7, 2001.
    (E) The surviving dependent child or unmarried person as defined in 
paragraphs Sec.  199.3 (b)(2)(ii) or (b)(2)(iv), of a member who dies 
while on active duty for a period of more than 30 days whose death 
occurred on or after October 7, 2001, for three years from the date the 
active duty sponsor dies or until the surviving eligible dependent:
    (1) Attains 21 years of age, or
    (2) Attains 23 years of age or ceases to pursue a full-time course 
of study prior to attaining 23 years of age, if, at 21 years of age, 
the eligible surviving dependent is enrolled in a full-time course of 
study in a secondary school or in a full-time course of study in an 
institution of higher education approved by the Secretary of Defense 
and was, at the time of the sponsor's death, in fact dependent on the 
member for over one-half of such dependent's support.
* * * * *

    Dated: January 10, 2007.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
 [FR Doc. E7-709 Filed 1-18-07; 8:45 am]
BILLING CODE 5001-06-P
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