Page:United States Statutes at Large Volume 119.djvu/3360

 119 STAT. 3342

PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(2) An enrollment of a member for self alone or for self and family under this section shall terminate on the first day of the first month beginning after the date on which the member ceases to be eligible under subsection (a). ‘‘(3) The enrollment of a member under this section may be terminated on the basis of failure to pay the premium charged the member under this section. ‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COVERAGE UPON SEPARATION FROM ACTIVE DUTY.—A member is not eligible for TRICARE Standard under this section while entitled to transitional health care under subsection (a) of section 1145 of this title or while authorized to receive health care under subsection (c) of such section. ‘‘(i) NONCOVERAGE BY OTHER HEALTH BENEFITS PLAN.—(1) For purposes of subsection (a)(2), a person shall be considered to be not eligible for health care benefits under an employer-sponsored health benefits plan only if the person— ‘‘(A) is employed by an employer that does not offer a health benefits plan to anyone working for the employer; ‘‘(B) is in a category of employees to which the person’s employer does not offer a health benefits plan, if such category is designated by the employer based on hours, duties, employment agreement, or such other characteristic, other than membership in the Selected Reserve, as the regulations administering this section prescribe (such as part-time employees); or ‘‘(C) is self-employed. ‘‘(2) The Secretary of Defense may require a member to submit any certification that the Secretary considers appropriate to substantiate the member’s assertion that the member is not eligible for health care benefits under an employer-sponsored health benefits plan. ‘‘(j) ELIGIBLE UNEMPLOYMENT COMPENSATION RECIPIENT DEFINED.—In this section, the term ‘eligible unemployment compensation recipient’ means, with respect to any month, any individual who is determined eligible for any day of such month for unemployment compensation under State law (as defined in section 205(9) of the Federal-State Extended Unemployment Compensation Act of 1970), including Federal unemployment compensation laws administered through the State. ‘‘(k) TRICARE STANDARD DEFINED.—In this section, the term ‘TRICARE Standard’ has the meaning provided by section 1076d(f) of this title. ‘‘(l) REGULATIONS.—The Secretary of Defense, in consultation with the other administering Secretaries, shall prescribe regulations for the administration of this section.’’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 55 of title 10, United States Code, is amended by striking the item relating to section 1076b and inserting the following:

10 USC 1076b note.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

‘‘1076b. TRICARE program: TRICARE Standard coverage for members of the Selected Reserve.’’. (b) EFFECTIVE DATE.—The Secretary of Defense shall ensure

that health care under TRICARE Standard is provided under section 1076b of title 10, United States Code, as amended by this section, beginning not later than October 1, 2006.

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