Page:United States Statutes at Large Volume 123.djvu/2395

 123STA T . 23 75PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9inwh i c hc ol l e c t e d,a nd s hall b ea v ailable u nde r subsection ( b ) o f such section for such fiscal y ear .‘ ‘(e) REGULATIONS . —T he S ecretary of D efense, in consultation with the other ad m inisterin g Secretaries, shall p rescribe regulations for the administration of this section. ‘‘(f) DE F INITIONS.— I n this section ‘‘( 1 ) The term ‘immediate family ’, with respect to a member of a reserve component, means all of the member’s dependents described in subparagraphs ( A ), (D), and (I) of section 1 072 (2) of this title. ‘‘(2) The term ‘TRI C AR E Standard’ means— ‘‘(A) medical care to which a dependent described in section 107 6 (b)(1) of this title is entitled and ‘‘( B ) health benefits contracted for under the authority of section 10 8 6(a) of this title and sub j ect to the same rates and conditions as apply to persons covered under that section.’’. (b) CLE R I C ALA M EN D MENT.—The table of sections at the begin - ning of such chapter is amended by inserting after the item relating to section 1076d the following new item: ‘ ‘ 1076e.TRICA R Eprog r am: TRICARE St a nd ard c o v erage f or certa i n mem b er s oft h e Retired Reserve w ho are qu a l ified for a non - regular retirement but are not y et age 60. ’ ’. (c) EFFECTI V E DATE.—Section 1076e of title 10, U nited States Code, as inserted by subsection (a), shall apply to coverage for months beginning on or after O ctober 1, 200 9, or such earlier date as the Secretary of Defense may specify. SEC.706 . C ON S TRU CT IV EE L I G I B ILIT YF OR TRIC A RE BENEFITS OF CERTAIN P ERSONS OT H ER W ISE INELIGIBLE UN D ER RETROACTIVE DETER M INATION OF ENTITLEMENT TO MEDICARE PART A HOSPITAL INSURANCE BENEFITS. Section 1086(d) of title 10, United States Code, is amended— (1) by redesignating paragraph ( 4 ) as paragraph ( 5 ); and (2) by inserting after paragraph ( 3 ) the following new para- graph (4): ‘‘(4)(A) If a person referred to in subsection (c) and described by paragraph (2)(B) is subject to a retroactive determination by the Social Security Administration of entitlement to hospital insur- ance benefits described in paragraph (1), the person shall, during the period described in subparagraph (B), be deemed for purposes of health benefits under this section— ‘‘(i) not to have been covered by paragraph (1); and ‘‘(ii) not to have been subject to the re q uirements of section 1079(j)(1) of this title, whether through the operation of such section or subsection (g) of this section. ‘‘(B) The period described in this subparagraph with respect to a person covered by subparagraph (A) is the period that— ‘‘(i) begins on the date that eligibility of the person for hospital insurance benefits referred to in paragraph (1) is effec- tive under the retroactive determination of eligibility with respect to the person as described in subparagraph (A); and ‘‘(ii) ends on the date of the issuance of such retroactive determination of eligibility by the Social Security Administra- tion.’’. 10USC 10 76enot e .