Page:United States Statutes at Large Volume 92 Part 1.djvu/903

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-397—SEPT. 30, 1978

92 STAT. 84!?

TITLE III—MEDICAL AND DENTAL CARE SEC. 301. Subsection (b) of section 1076 of title 10, United States Code, is amended to read as follows: "(b) Under regulations to be prescribed jointly by the Secretary of Defense and the Secretary of Health, Education, and Welfare, a dependent of a member or former member— "(1) who is, or (if deceased) was at the time of his death, entitled to retired or retainer pay or equivalent pay; or "(2) who died before attaining age 60 and at the time of his death (A) would have been eligible for retired pay under chapter 67 of this title but for the fact that he was under 60 years of age, and (B) had elected to participate in the Survivor feenefit Plan established under subchapter II of chapter 73 of this title; may, upon request, be given the medical and dental care prescribed by section 1077 of this title in facilities of the uniformed services, subject to the availability of space and facilities and the capabilities of the medical and dental staff, except that a dependent of a member or former member described in clause (2) may not be given such medical or dental care until the date on which such member or former member would have attained age 60.". SEC. 302. The amendment made by section 301 shall become effective on October 1, 1978, or on the date of the enactment of this Act, whichever is later. Approved September 30, 1978.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-72 (Coram, on Armed Services). SENATE REPORT No. 95-1138 (Coram, on Arraed Services). CONGRESSIONAL RECORD: Vol. 123 (1977): Sept. 12, considered and passed House. Vol. 124 (1978): Aug. 24, considered and passed Senate, araended. Sept. 19, House concurred in Senate amendment with an amendment. Sept. 22, Senate concurred in House amendment.

Regulations,

10 USC 1447.

Effective date, 10 USC 1076 note-