I 
109TH CONGRESS 
1ST SESSION H. R. 2046 
To amend the Servicemembers Civil Relief Act to limit premium increases 
on reinstated health insurance on servicemembers who are released from 
active military service, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 3, 2005 
Mr. BUYER (for himself, Mr. EVANS, Mr. BOOZMAN, and Ms. HERSETH) in-
troduced the following bill; which was referred to the Committee on Vet-
erans’ Affairs 
A BILL 
To amend the Servicemembers Civil Relief Act to limit pre-
mium increases on reinstated health insurance on 
servicemembers who are released from active military 
service, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Servicemembers’ 
Health Insurance Protection Act of 2005’’.
SEC. 2. LIMITATION ON PREMIUM INCREASES FOR EM-
PLOYER-PROVIDED REINSTATED HEALTH IN-
SURANCE OF SERVICEMEMBERS RELEASED 
FROM ACTIVE MILITARY SERVICE. 
(a) PREMIUM PROTECTION.—Section 704 of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 594) is 
amended by adding at the end the following new sub-
section: 
‘‘(e) LIMITATION ON PREMIUM INCREASES.— 
‘‘(1) PREMIUM PROTECTION.—The amount of 
the premium for health insurance coverage that was 
terminated by a servicemember and required to be 
reinstated under this section may not be increased, 
for the balance of the period for which coverage 
would have been continued had the coverage not 
been terminated, to an amount greater than the 
amount chargeable for such coverage before the ter-
mination. 
‘‘(2) INCREASES OF GENERAL APPLICABILITY 
NOT PRECLUDED.—Paragraph (1) does not prevent 
an increase in premium to the extent of any general 
increase in the premiums charged by the carrier of 
the health care insurance for the same health insur-
ance coverage for persons similarly covered by such 
insurance during the period between the termination 
and the reinstatement.’’.
(b) TECHNICAL AMENDMENT.—Subsection (b)(3) of 
such section is amended by striking ‘‘if the’’ and inserting 
‘‘in a case in which the’’. 
SEC. 
3. 
PRESERVATION 
OF 
EMPLOYER-SPONSORED 
HEALTH PLAN COVERAGE FOR CERTAIN RE-
SERVE-COMPONENT 
MEMBERS 
WHO 
AC-
QUIRE TRICARE ELIGIBILITY. 
(a) 
CONTINUATION
OF
COVERAGE.—Subsection 
(a)(1) of section 4317 of title 38, United States Code, is 
amended by inserting after ‘‘by reason of service in the 
uniformed services,’’ the following: ‘‘or such person be-
comes eligible for medical and dental care under chapter 
55 of title 10 by reason of subsection (d) of section 1074 
of that title,’’. 
(b) REINSTATEMENT OF COVERAGE.—Subsection (b) 
of such section is amended— 
(1) in paragraph (1)— 
(A) by inserting after ‘‘by reason of service 
in the uniformed services,’’ the following: ‘‘or by 
reason of the person’s having become eligible 
for medical and dental care under chapter 55 of 
title 10 by reason of subsection (d) of section 
1074 of that title,’’; and 
(B) by inserting ‘‘or eligibility’’ before the 
period at the end of the first sentence; and
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of a person whose coverage under 
a health plan is terminated by reason of the person having 
become eligible for medical and dental care under chapter 
55 of title 10 by reason of subsection (d) of section 1074 
of that title but who subsequently does not commence a 
period of active duty under the order to active duty that 
established such eligibility because the order is canceled 
before such active duty commences, the provisions of para-
graph (1) relating to any exclusion or waiting period in 
connection with the reinstatement of coverage under a 
health plan shall apply to such person’s continued employ-
ment, upon the termination of such eligibility for medical 
and dental care under chapter 55 of title 10 that is inci-
dent to the cancellation of such order, in the same manner 
as if the person had become reemployed upon such termi-
nation of eligibility.’’. 
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