I 

109TH CONGRESS 

1ST SESSION H. R. 558

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

Mr. LATHAM (for himself, Mr. WILSON of South Carolina, Mr. BARTLETT of 

Maryland, Mr. TAYLOR of Mississippi, Mr. CANNON, Mr. MCGOVERN, 

Mr. GREEN of Wisconsin, Mr. KIND, Mr. MCCOTTER, Mr. STUPAK, Mr. 

LYNCH, Mr. SCHWARZ of Michigan, Mr. BOUCHER, Mr. BAKER, Mrs. 

CAPITO, Mr. NORWOOD, Mr. GOODE, Mr. SHAW, Mr. ROSS, Mr. GORDON, 

Mr. BLUNT, Mr. SIMPSON, Mrs. MCCARTHY, and Mr. FORD) introduced 

the following bill; which was 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,
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1 SECTION 1. SHORT TITLE. 

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

3 Readiness and Retention Act of 2005’’. 

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

5 SERVICE. 

6 (a) AGE AND SERVICE REQUIREMENTS.—Subsection 

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

8 amended to read as follows: 

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

10 is entitled, upon application, to retired pay computed 

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

12 ‘‘(A) satisfies one of the combinations of re13 quirements for minimum age and minimum number 

14 of years of service (computed under section 12732 of 

15 this title) that are specified in the table in para16 graph (2); 

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

18 service while a member of any category named in 

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

20 member of a regular component, the Fleet Reserve, 

21 or the Fleet Marine Corps Reserve, except that in 

22 the case of a person who completed 20 years of serv23 ice computed under section 12732 of this title before 

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

25 service under this subparagraph shall be eight; and 
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1 ‘‘(C) is not entitled, under any other provision 

2 of law, to retired pay from an armed force or re3 tainer pay as a member of the Fleet Reserve or the 

4 Fleet Marine Corps Reserve. 

5 ‘‘(2) The combinations of minimum age and min6 imum years of service required of a person under subpara7 graph (A) of paragraph (1) for entitlement to retired pay 

8 as provided in such paragraph are as follows: 

The minimum years of 

service required for that 

Age, in years, is at least: age is: 

53 ....................................................................................................... 34

54 ....................................................................................................... 32

55 ....................................................................................................... 30

56 ....................................................................................................... 28

57 ....................................................................................................... 26

58 ....................................................................................................... 24

59 ....................................................................................................... 22

60 ....................................................................................................... 20’’. 

9 (b) 20-YEAR LETTER.—Subsection (d) of such sec10 tion is amended by striking ‘‘the years of service required 

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

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

13 under section 12732 of this title.’’. 

14 (c) EFFECTIVE DATE.—This section and the amend15 ments made by this subsection (a) shall take effect on the 

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

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

18 to retired pay payable for that month and subsequent 

19 months. 
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1 SEC. 3. EXPANDED ELIGIBILITY OF SELECTED RESERVE 

2 MEMBERS UNDER TRICARE PROGRAM. 

3 (a) GENERAL ELIGIBILITY.—Subsection (a) of sec4 tion 1076d of title 10, United States Code, is amended—

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

6 and inserting ‘‘(a) ELIGIBILITY.—(1) Except as pro7 vided in paragraph (2), a member’’; 

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

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

10 years following such date’’; and 

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

12 paragraph: 

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

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

15 under chapter 89 of title 5.’’. 

16 (b) CONDITION FOR TERMINATION OF ELIGI17 BILITY.—Subsection (b) of such section is amended by 

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

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

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

21 TERMINATION OF SERVICE.—Eligibility’’. 

22 (c) CONFORMING AMENDMENTS.—

23 (1) Such section is further amended—

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

25 (B) by redesignating subsection (g) as sub26 section (e) and transferring such subsection 
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1 within such section so as to appear following 

2 subsection (d). 

3 (2) The heading for such section is amended to 

4 read as follows: 

5 ‘‘§ 1076d. TRICARE program: TRICARE standard cov6 erage for members of the selected re7 serve’’. 

8 (d) REPEAL OF OBSOLETE PROVISION.—Section 

9 1076b of title 10, United States Code, is repealed. 

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

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

12 Code, is amended—

13 (1) by striking the item relating to section 

14 1076b; and 

15 (2) by striking the item relating to section 

16 1076d and inserting the following:

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

Selected Reserve.’’.

17 (f) SAVINGS PROVISION.—Enrollments in TRICARE 

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

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

20 United States Code, as in effect on such day, shall be con21 tinued until terminated after such day under such section 

22 1076d as amended by this section.

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