Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide FEHB coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 58 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 58
To restore health care coverage to retired members of the uniformed
services.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Edwards introduced the following bill; which was referred to the
Committee on Government Reform, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To restore health care coverage to retired members of the uniformed
services.
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 ``Keep Our Promise to America's
Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States Government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to the availability of space and
facilities and the capabilities of the medical and dental
staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and medicare is no longer a fair and equitable benefit
as compared to benefits for other retired Federal employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young men
and women make a career of any military service.
(7) Although provisions enacted in the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001 (Public
Law 106-398) extended coverage under the TRICARE program to
medicare eligible military retirees age 65 and older, those
provisions did not address the health care needs of military
retirees under the age of 65.
(8) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal Employees
Health Benefits program for members who entered active duty on
or prior to June 7, 1956, and who subsequently earned
retirement.
(9) The United States should reestablish adequate health
care for all retired members of the uniformed services that is
at least equivalent to that provided to other retired Federal
employees by extending to such retired members of the uniformed
services the option of coverage under the Federal Employees
Health Benefits program.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL EMPLOYEES
HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--Chapter
89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(i) For purposes of this section, the term `employee' includes a
retired member of the uniformed services (as defined in section
101(a)(5) of title 10) who began service before June 7, 1956. A
surviving widow or widower of such a retired member may also enroll in
an approved health benefits plan described by section 8903 or 8903a of
this title as an individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2)
and (3)'' and inserting ``paragraphs (2) through (5)'';
and
(B) by adding at the end the following new
paragraph:
``(5) In the case of an employee described in section 8905(i) or
the surviving widow or widower of such an employee, the Government
contribution for health benefits shall be 100 percent, payable by the
department from which the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1) Section 1108
of title 10, United States Code, is amended to read as follows:
``Sec. 1108. Health care coverage through Federal Employees Health
Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after consulting
with the other administering Secretaries, shall enter into an agreement
with the Office of Personnel Management to provide coverage to eligible
beneficiaries described in subsection (b) under the health benefits
plans offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former
member described in section 1076(b) or 1076(a)(2)(B) of
this title or of a member who died while on active duty
for a period of more than 30 days; and
``(ii) a member of family as defined in section
8901(5) of title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former
member described in section 1076(b)(1) of this title;
and
``(ii) a member of family as defined in section
8901(5) of title 5.
``(2) Eligible beneficiaries may enroll in a Federal Employees
Health Benefit plan under chapter 89 of title 5 under this section for
self-only coverage or for self and family coverage which includes any
dependent of the member or former member who is a family member for
purposes of such chapter.
``(3) A person eligible for coverage under this subsection shall
not be required to satisfy any eligibility criteria specified in
chapter 89 of title 5 (except as provided in paragraph (1)(C) or
(1)(D)) as a condition for enrollment in health benefits plans offered
through the Federal Employees Health Benefits program under this
section.
``(4) For purposes of determining whether an individual is a member
of family under paragraph (5) of section 8901 of title 5 for purposes
of paragraph (1)(C) or (1)(D), a member or former member described in
section 1076(b) or 1076(a)(2)(B) of this title shall be deemed to be an
employee under such section.
``(5) An eligible beneficiary who is eligible to enroll in the
Federal Employees Health Benefits program as an employee under chapter
89 of title 5 is not eligible to enroll in a Federal Employees Health
Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal Employees
Health Benefits program under this section shall not be eligible to
receive health care under section 1086 or section 1097. Such a
beneficiary may continue to receive health care in a military medical
treatment facility, in which case the treatment facility shall be
reimbursed by the Federal Employees Health Benefits program for health
care services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible beneficiary
enrolled in a Federal Employees Health Benefits plan under this section
may change health benefits plans and coverage in the same manner as any
other Federal Employees Health Benefits program beneficiary may change
such plans.
``(d) Government Contributions.--The amount of the Government
contribution for an eligible beneficiary who enrolls in a health
benefits plan under chapter 89 of title 5 in accordance with this
section may not exceed the amount of the Government contribution which
would be payable if the electing beneficiary were an employee (as
defined for purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of Personnel
Management shall require health benefits plans under chapter 89 of
title 5 to maintain a separate risk pool for purposes of establishing
premium rates for eligible beneficiaries who enroll in such a plan in
accordance with this section.''.
(2) The item relating to section 1108 at the beginning of such
chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take effect on
January 2, 2004.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Government Reform, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Total Force.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Civil Service and Agency Organization.
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