Reserve Component Benefits Parity Act

To amend titles 5, 10, 37, and 38, United States Code, to ensure that an order to serve on active duty under section 12304a or 12304b of title 10, United States Code, is treated the same as other orders to serve on active duty for determining the eligibility of members of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits. 1. Short title; table of contents (a) Short title This Act may be cited as the Reserve Component Benefits Parity Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Eligibility of reserve component members for pre-mobilization health care. Sec. 3. Eligibility of reserve component members for transitional health care. Sec. 4. Consideration of service on active duty to reduce age for eligibility for retired pay for non-regular service. Sec. 5. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations. Sec. 6. Eligibility of reserve component members for post-9/11 educational assistance. Sec. 7. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard. Sec. 8. Effect of order to serve on active duty on eligibility for or use of certain military benefits. Sec. 9. Retroactive applicability of amendments. 2. Eligibility of reserve component members for pre-mobilization health care Section 1074(d)(2) of title 10, United States Code, is amended by striking in support of a contingency operation under under section 12304b of this title or 3. Eligibility of reserve component members for transitional health care Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking in support of a contingency operation under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title 4. Consideration of service on active duty to reduce age for eligibility for retired pay for non-regular service Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d) under section 12301(d) or 12304b of this title or a provision of law referred to in section 101(a)(13)(B) 5. Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting after under section 12304b of title 10 or 6. Eligibility of reserve component members for post-9/11 educational assistance Section 3301(1)(B) of title 38, United States Code, is amended by striking or 12304 12304, 12304a, or 12304b 7. Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after under section 12304b of title 10 or 8. Effect of order to serve on active duty on eligibility for or use of certain military benefits (a) Exception to Voluntary separation pay repayment requirement for members who return to active duty Section 1175a(j)(2) of title 10, United States Code, is amended by striking or 12304 12304, 12304a, or 12304b (b) Time limitation for Training and rehabilitation for veterans with service-Connected disabilities Section 3103(f) of title 38, United States Code, is amended by striking or 12304 12304, 12304a, or 12304b 9. Retroactive applicability of amendments The amendments made by this Act shall apply with respect to any order for a member of a reserve component to serve on active duty under section 12304a or 12304b of title 10, United States Code, issued on or after January 1, 2012.

Summary: Reserve Component Benefits Parity Act This bill makes reserve component members who are deployed to support pre-planned operations of a combatant command eligible for: (1) pre-mobilization health care, (2) transitional health care, (3) consideration of active duty service to reduce the age for retired pay, (4) the high-deployment allowance for lengthy or numerous deployments and frequent mobilizations, (5) Post-9/11 educational assistance, and (6) non-reduction in pay while serving in the uniformed services or National Guard. The bill makes reserve component members who are deployed in response to a major disaster or emergency eligible for Post-9/11 educational assistance. The bill makes all such reserve component members eligible for extension of the time limitation during deployment with respect to training and rehabilitation assistance for veterans with service-connected disabilities. This bill shall apply to any order issued on or after January 1, 2012, for a reserve component member to serve on active duty in support of a pre-planned operation of a combatant command or in response to a major disaster or emergency.