119 STAT. 3344
PUBLIC LAW 109–163—JAN. 6, 2006
‘‘(i) is not enrolled by reason of a discontinuance of a former enrollment under subsection (f); or ‘‘(ii) is not qualified for such enrollment because— ‘‘(I) the dependent is a child under the minimum age for such enrollment; or ‘‘(II) the dependent is a spouse who is a member of the armed forces on active duty for a period of more than 30 days. ‘‘(3) Such term does not include a dependent by reason of paragraph (2) after the end of the three-year period beginning on the date of the member’s death.’’. SEC. 714. EXCEPTIONAL ELIGIBILITY FOR TRICARE PRIME REMOTE.
Section 1079(p) 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 paragraph: ‘‘(4) The Secretary of Defense may provide for coverage of a dependent referred to in subsection (a) who is not described in paragraph (3) if the Secretary determines that exceptional circumstances warrant such coverage.’’. SEC. 715. INCREASED PERIOD OF CONTINUED TRICARE PRIME COVERAGE OF CHILDREN OF MEMBERS OF THE UNIFORMED SERVICES WHO DIE WHILE SERVING ON ACTIVE DUTY FOR A PERIOD OF MORE THAN 30 DAYS.
(a) PERIOD OF ELIGIBILITY.—Section 1079(g) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(g)’’; (2) by striking the second sentence; and (3) by adding at the end the following new paragraph: ‘‘(2) In addition to any continuation of eligibility for benefits under paragraph (1), when a member dies while on active duty for a period of more than 30 days, the member’s dependents who are receiving benefits under a plan covered by subsection (a) shall continue to be eligible for benefits under TRICARE Prime during the three-year period beginning on the date of the member’s death, except that, in the case of such a dependent of the deceased who is described by subparagraph (D) or (I) of section 1072(2) of this title, the period of continued eligibility shall be the longer of the following periods beginning on such date: ‘‘(A) Three years. ‘‘(B) The period ending on the date on which such dependent attains 21 years of age. ‘‘(C) In the case of such a dependent who, at 21 years of age, is enrolled in a full-time course of study in a secondary school or in a full-time course of study in an institution of higher education approved by the administering Secretary and was, at the time of the member’s death, in fact dependent on the member for over one-half of such dependent’s support, the period ending on the earlier of the following dates: ‘‘(i) The date on which such dependent ceases to pursue such a course of study, as determined by the administering Secretary. ‘‘(ii) The date on which such dependent attains 23 years of age. ‘‘(3) For the purposes of paragraph (2)(C), a dependent shall be treated as being enrolled in a full-time course of study in an
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