TRICARE Retiree Protection Act
Bill: H.R.3102 | Sponsor: Rep. Issa, Darrell E. (R-CA)
Policy area: Armed Forces and National Security

Summary:
TRICARE Retiree Protection Act
This bill authorizes a covered beneficiary who is enrolled in TRICARE Select to reenroll in TRICARE Select at any time during 2021. Covered beneficiaries are those in the retired category who (1) enrolled in TRICARE Select as of December 31, 2020, (2) did not establish a monthly enrollment fee payment during the 2020 TRICARE Open Season, and (3) submit an assertion that they did not receive notice regarding the process to enroll in and establish a monthly enrollment fee payment for TRICARE Select for 2021.
A covered beneficiary who reenrolls in TRICARE Select must, at the time of enrollment, pay a portion of the annual enrollment fee and establish a monthly enrollment fee payment for the remaining months of 2021.

To allow certain retiree beneficiaries to reenroll in, and establish 
 monthly enrollment fee payment for, TRICARE Select at any time during 
                     2021, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``TRICARE Retiree Protection Act''.

SEC. 2. REENROLLMENT AND ESTABLISHMENT OF MONTHLY ENROLLMENT FEE 
              PAYMENT FOR TRICARE SELECT BY CERTAIN RETIREE 
              BENEFICIARIES.

    (a) In General.--If the Secretary of Defense determines, based on 
an assertion submitted pursuant to subsection (b)(3), that a covered 
beneficiary described in subsection (b) has not received covered 
notice, such covered beneficiary may, at any time during 2021, reenroll 
in TRICARE Select.
    (b) Covered Beneficiaries.--A covered beneficiary described in this 
subsection is any covered beneficiary in the retired category who--
            (1) is enrolled in TRICARE Select as of December 31, 2020;
            (2) during the 2020 TRICARE Open Season, did not establish 
        monthly enrollment fee payment for TRICARE Select for 2021; and
            (3) submits to the Secretary an assertion that the covered 
        beneficiary has not received covered notice.
    (c) Reenrollment Requirements.--
            (1) In general.--A covered beneficiary who reenrolls in 
        TRICARE Select pursuant to subsection (a) shall, at the time of 
        reenrollment--
                    (A) pay a portion of the annual enrollment fee for 
                TRICARE Select for 2021 equal to--
                            (i) the monthly enrollment fee payment for 
                        TRICARE Select during 2021 applicable to the 
                        covered beneficiary; multiplied by
                            (ii) the number of months in 2021 that have 
                        elapsed as of the date of reenrollment; and
                    (B) establish monthly enrollment fee payment for 
                TRICARE Select during 2021 for the remaining months of 
                2021.
            (2) Partial month.--For purposes of paragraph (1)(A)(ii), 
        the month in which a covered beneficiary reenrolls in TRICARE 
        Select shall be treated as a full month.
    (d) Definitions.--In this section:
            (1) The terms ``covered beneficiary'' and ``TRICARE 
        program'' have the meaning given such terms in section 1072 of 
        title 10, United States Code.
            (2) The term ``covered beneficiary in the retired 
        category'' means any covered beneficiary enrolled in TRICARE 
        Select in the retired category under section 1075(b)(1)(B) of 
        title 10, United States Code.
            (3) The term ``covered notice'' means notice regarding the 
        process to enroll in, and establish monthly enrollment fee 
        payment for, TRICARE Select for 2021.
            (4) The term ``TRICARE Select'' means the option under the 
        TRICARE program established pursuant to section 1075 of title 
        10, United States Code.
            (5) The term ``2020 TRICARE Open Season'' means the period 
        in 2020 for enrollment in and election of options regarding 
        participation in the TRICARE program during 2021, namely the 
        period beginning November 9, 2020, and ending December 14, 
        2020.
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