HR3668-118

1. Short title This Act may be cited as the TRICARE Fairness for National Guard and Reserve Retirees Act.

2. TRICARE for members of the retired reserve Section 1074(b)(2) of title 10, United States Code, is amended to read as follows: Paragraph (1) does not apply to a member or former member eligible for retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age unless such member or former member is in receipt of such pay (or would be in receipt of such pay but for section 5304 or 5305 of title 38). Section 1076e(a) of title 10, United States Code, is amended— in paragraph (1), by striking who is qualified for a non-regular retirement at age 60 under chapter 1223 of this title, but is not age 60, and inserting described in paragraph (3); and by adding at the end the following new paragraph: A member of the Retired Reserve of a reserve component of the armed forces is described in this paragraph if the member— is qualified for a non-regular retirement at age 60 under chapter 1223 of this title; is not age 60; and is not in receipt of retired pay under such chapter, unless the member is not in receipt of such retired pay due to the application of section 5304 or 5305 of title 38. The amendments made by this section shall take effect on January 1, 2024. (2)Paragraph (1) does not apply to a member or former member eligible for retired pay for non-regular service under chapter 1223 of this title who is under 60 years of age unless such member or former member is in receipt of such pay (or would be in receipt of such pay but for section 5304 or 5305 of title 38).. (3)A member of the Retired Reserve of a reserve component of the armed forces is described in this paragraph if the member—(A)is qualified for a non-regular retirement at age 60 under chapter 1223 of this title;(B)is not age 60; and(C)is not in receipt of retired pay under such chapter, unless the member is not in receipt of such retired pay due to the application of section 5304 or 5305 of title 38..