
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1076c]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                   CHAPTER 55--MEDICAL AND DENTAL CARE
 
Sec. 1076c. Dental insurance plan: certain retirees and their 
        surviving spouses and other dependents
        
    (a) Requirement for Plan.--The Secretary of Defense, in consultation 
with the other administering Secretaries, shall establish a dental 
insurance plan for retirees of the uniformed services, certain 
unremarried surviving spouses, and dependents in accordance with this 
section.
    (b) Persons Eligible for Plan.--The following persons are eligible 
to enroll in the dental insurance plan established under subsection (a):
        (1) Members of the uniformed services who are entitled to 
    retired pay.
        (2) Members of the Retired Reserve who would be entitled to 
    retired pay under chapter 1223 of this title but for being under 60 
    years of age.
        (3) Eligible dependents of a member described in paragraph (1) 
    or (2) who are covered by the enrollment of the member in the plan.
        (4) Eligible dependents of a member described in paragraph (1) 
    or (2) who is not enrolled in the plan and who--
            (A) is enrolled under section 1705 of title 38 to receive 
        dental care from the Secretary of Veterans Affairs;
            (B) is enrolled in a dental plan that--
                (i) is available to the member as a result of employment 
            by the member that is separate from the military service of 
            the member; and
                (ii) is not available to dependents of the member as a 
            result of such separate employment by the member; or

            (C) is prevented by a medical or dental condition from being 
        able to obtain benefits under the plan.

        (5) The unremarried surviving spouse and eligible child 
    dependents of a deceased member--
            (A) who died while in a status described in paragraph (1) or 
        (2);
            (B) who is described in section 1448(d)(1) of this title; or
            (C) who died while on active duty for a period of more than 
        30 days and whose eligible dependents are not eligible, or no 
        longer eligible, for dental benefits under section 1076a of this 
        title.

    (c) Premiums.--(1) A member enrolled in the dental insurance plan 
established under subsection (a) shall pay the premiums charged for the 
insurance coverage.
    (2) The Secretary of Defense shall establish procedures for the 
collection of the premiums charged for coverage by the dental insurance 
plan. To the maximum extent practicable, the premiums payable by a 
member entitled to retired pay shall be deducted and withheld from the 
retired pay of the member (if pay is available to the member).
    (d) Benefits Available Under the Plan.--The dental insurance plan 
established under subsection (a) shall provide benefits for dental care 
and treatment which may be comparable to the benefits authorized under 
section 1076a of this title for plans established under that section and 
shall include diagnostic services, preventative services, endodontics 
and other basic restorative services, surgical services, and emergency 
services.
    (e) Coverage.--(1) The Secretary shall prescribe a minimum required 
period for enrollment by a member or surviving spouse in the dental 
insurance plan established under subsection (a).
    (2) The dental insurance plan shall provide for voluntary enrollment 
of participants and shall authorize a member or eligible unremarried 
surviving spouse to enroll for self only or for self and eligible 
dependents.
    (f) Required terminations of Enrollment.--The Secretary shall 
terminate the enrollment of any enrollee, and any eligible dependents of 
the enrollee covered by the enrollment, in the dental insurance plan 
established under subsection (a) upon the occurrence of the following:
        (1) In the case of an enrollment under subsection (b)(1), 
    termination of the member's entitlement to retired pay.
        (2) In the case of an enrollment under subsection (b)(2), 
    termination of the member's status as a member of the Retired 
    Reserve.
        (3) In the case of an enrollment under subsection (b)(5), 
    remarriage of the surviving spouse.

    (g) Continuation of Dependents' Enrollment Upon Death of Enrollee.--
Coverage of a dependent in the dental insurance plan established under 
subsection (a) under an enrollment of a member or a surviving spouse who 
dies during the period of enrollment shall continue until the end of 
that period and may be renewed by (or for) the dependent, so long as the 
premium paid is sufficient to cover continuation of the dependent's 
enrollment. The Secretary may terminate coverage of the dependent when 
the premiums paid are no longer sufficient to cover continuation of the 
enrollment. The Secretary shall prescribe in regulations under 
subsection (h) the parties responsible for paying the remaining premiums 
due on the enrollment and the manner for collection of the premiums.
    (h) Regulations.--The dental insurance plan established under 
subsection (a) shall be administered under regulations prescribed by the 
Secretary of Defense, in consultation with the other administering 
Secretaries.
    (i) Voluntary Disenrollment.--(1) With respect to enrollment in the 
dental insurance plan established under subsection (a), the Secretary of 
Defense--
        (A) shall allow for a period of up to 30 days at the beginning 
    of the prescribed minimum enrollment period during which an enrollee 
    may disenroll; and
        (B) shall provide for limited circumstances under which 
    disenrollment shall be permitted during the prescribed enrollment 
    period, without jeopardizing the fiscal integrity of the dental 
    program.

    (2) The circumstances described in paragraph (1)(B) shall include--
        (A) a case in which a retired member, surviving spouse, or 
    dependent of a retired member who is also a Federal employee is 
    assigned to a location outside the jurisdiction of the dental 
    insurance plan established under subsection (a) that prevents 
    utilization of dental benefits under the plan;
        (B) a case in which a retired member, surviving spouse, or 
    dependent of a retired member is prevented by a serious medical 
    condition from being able to obtain benefits under the plan;
        (C) a case in which severe financial hardship would result; and
        (D) any other circumstances which the Secretary considers 
    appropriate.

    (3) The Secretary shall establish procedures for timely decisions on 
requests for disenrollment under this section and for appeal to the 
TRICARE Management Activity of adverse decisions.
    (j) Definitions.--In this section:
        (1) The term ``eligible dependent'' means a dependent described 
    in subparagraph (A), (D), or (I) of section 1072(2) of this title.
        (2) The term ``eligible child dependent'' means a dependent 
    described in subparagraph (D) or (I) of section 1072(2) of this 
    title.
        (3) The term ``retired pay'' includes retainer pay.

(Added Pub. L. 104-201, div. A, title VII, Sec. 703(a)(1), Sept. 23, 
1996, 110 Stat. 2588; amended Pub. L. 105-85, div. A, title VII, 
Secs. 701, 733(b), 734, Nov. 18, 1997, 111 Stat. 1807, 1812, 1813; Pub. 
L. 105-261, div. A, title VII, Sec. 702, Oct. 17, 1998, 112 Stat. 2056; 
Pub. L. 106-65, div. A, title VII, Sec. 704, Oct. 5, 1999, 113 Stat. 
683; Pub. L. 106-398, Sec. 1 [[div. A], title VII, Sec. 726, title X, 
Sec. 1087(a)(6)], Oct. 30, 2000, 114 Stat. 1654, 1654A-187, 1654A-290.)


                               Amendments

    2000--Subsec. (b)(5)(C). Pub. L. 106-398, Sec. 1 [[div. A], title X, 
Sec. 1087(a)(6)], struck out ``pursuant to subsection (i)(2) of such 
section'' after ``section 1076a of this title''.
    Subsec. (f). Pub. L. 106-398, Sec. 1 [[div. A], title VII, 
Sec. 726(b)], substituted ``Required Terminations'' for ``Termination'' 
in heading.
    Subsecs. (i), (j). Pub. L. 106-398, Sec. 1 [[div. A], title VII, 
Sec. 726(a)], added subsec. (i) and redesignated former subsec. (i) as 
(j).
    1999--Subsec. (d). Pub. L. 106-65 amended heading and text of 
subsec. (d) generally. Text read as follows: ``The dental insurance plan 
established under subsection (a) shall provide benefits for basic dental 
care and treatment, including diagnostic services, preventative 
services, basic restorative services (including endodontics), surgical 
services, and emergency services.''
    1998--Subsec. (b)(4), (5). Pub. L. 105-261, Sec. 702(a), added par. 
(4) and redesignated former par. (4) as (5).
    Subsec. (f)(3). Pub. L. 105-261, Sec. 702(b), substituted ``(b)(5)'' 
for ``(b)(4)''.
    1997--Subsec. (a). Pub. L. 105-85, Sec. 734(a)(1), (b)(1), 
substituted ``The Secretary of Defense, in consultation with the other 
administering Secretaries, shall establish a dental insurance plan for 
retirees of the uniformed services'' for ``The Secretary of Defense 
shall establish a dental insurance plan for military retirees''.
    Subsec. (b)(1). Pub. L. 105-85, Sec. 734(a)(2), substituted 
``uniformed services'' for ``Armed Forces''.
    Subsec. (b)(4)(A). Pub. L. 105-85, Sec. 701(1)(A), substituted 
``died'' for ``dies''.
    Subsec. (b)(4)(C). Pub. L. 105-85, Sec. 701(1)(B), (2), (3), added 
subpar. (C).
    Subsec. (c)(2). Pub. L. 105-85, Sec. 733(b), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``The amount of 
the premiums payable by a member entitled to retired pay shall be 
deducted and withheld from the retired pay and shall be disbursed to pay 
the premiums. The regulations prescribed under subsection (h) shall 
specify the procedures for payment of the premiums by other enrolled 
members and by enrolled surviving spouses.''
    Subsec. (h). Pub. L. 105-85, Sec. 734(b)(2), substituted ``other 
administering Secretaries'' for ``Secretary of Transportation''.


    Limitation on Implementation of Alternative Collection Procedures

    Pub. L. 105-85, div. A, title VII, Sec. 733(d), Nov. 18, 1997, 111 
Stat. 1813, provided that: ``The Secretary of Defense may not implement 
procedures for collecting premiums under [former] section 1076b(b)(3) of 
title 10, United States Code, or section 1076c(c)(2) of such title other 
than by deductions and withholding from pay until 120 days after the 
date that the Secretary submits a report to Congress describing the 
justifications for implementing such alternative procedures.''


                      Implementation of Dental Plan

    Section 703(b) of Pub. L. 104-201, as amended by Pub. L. 105-85, 
div. A, title VII, Sec. 733(e), Nov. 18, 1997, 111 Stat. 1813, provided 
that: ``Beginning not later than April 1, 1998, the Secretary of Defense 
shall--
        ``(1) offer members of the Armed Forces and other persons 
    described in subsection (b) of section 1076c of title 10, United 
    States Code (as added by subsection (a)(1) of this section), the 
    opportunity to enroll in the dental insurance plan required under 
    that section; and
        ``(2) begin to provide benefits under the plan.''
