§ 1076c. Dental insurance plan: certain retirees and their surviving spouses and other dependents

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. A title VII § 703(a)(1) · 110 Stat. 2422

   Enacted · 10 U.S.C. § 1076c

   Added Pub. L. 104–201, div. A, title VII, § 703(a)(1), Sept. 23, 1996, 110 Stat. 2588

   Source evidence

   Code source credit
   Added Pub. L. 104–201, div. A, title VII, § 703(a)(1), Sept. 23, 1996, 110 Stat. 2588

   Enacted provision · exact public law section
   (1) Chapter 55 of title 10, United States Code, is amended by inserting after section 1076b the following new section: “§ 1076c. Dental insurance plan: certain retirees and their surviving spouses and other dependents “(a) Requirement for Plan.— The Secretary of Defense shall establish a dental insurance plan for military retirees, 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 Armed Forces 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) The unremarried surviving spouse and eligible child dependents of a deceased member— “(A) who dies while in a status described in paragraph (1) or (2); or “(B) who is described in section 1448(d)(1) 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 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. “(d) Benefits Available Under the Plan.— 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. “(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) Termination 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)(4), 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 Secretary of Transportation. “(i) 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.”

2. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 734(a)(1) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 1076c(a)

   Pub. L. 105–85, § 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”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–85, § 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”.

   Enacted provision · exact public law section
   (1) Subsection (a) of section 1076c of title 10, United States Code, is amended by striking out “military retirees” and inserting in lieu thereof “retirees of the uniformed services”.

3. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 734(a)(2) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 1076c(b)(1)

   Pub. L. 105–85, § 734(a)(2), substituted “uniformed services” for “Armed Forces”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 105–85, § 734(a)(2), substituted “uniformed services” for “Armed Forces”.

   Enacted provision · exact public law section
   (2) Subsection (b)(1) of such section is amended by striking out “Armed Forces” and inserting in lieu thereof “uniformed services”.

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 701(1)(A) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 1076c(b)(4)(A)

   Pub. L. 105–85, § 701(1)(A), substituted “died” for “dies”

   Source evidence

   Code amendment note
   Subsec. (b)(4)(A). Pub. L. 105–85, § 701(1)(A), substituted “died” for “dies”.

   Enacted provision · exact public law section
   (A) by striking out “dies” and inserting in lieu thereof “died”; and

5. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 701(1)(B) · 111 Stat. 1629

   Added · 10 U.S.C. § 1076c(b)(4)(C)

   Pub. L. 105–85, § 701(1)(B), (2), (3), added subpar. (C)

   Source evidence

   Code amendment note
   Subsec. (b)(4)(C). Pub. L. 105–85, § 701(1)(B), (2), (3), added subpar. (C).

   Enacted provision · exact public law section
   (B) by striking out “or” at the end of the subparagraph;

6. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 733(b) · 111 Stat. 1629

   Amended · 10 U.S.C. § 1076c(c)(2)

   Pub. L. 105–85, § 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.”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 105–85, § 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.”

   Enacted provision · exact public law section
   (b) Premium Collection For Retiree Dental Insurance Plan.— Paragraph (2) of section 1076c(c) of such title is amended to read as follows: “(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).”.

7. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 734(b)(2) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 1076c(h)

   Pub. L. 105–85, § 734(b)(2), substituted “other administering Secretaries” for “Secretary of Transportation”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 105–85, § 734(b)(2), substituted “other administering Secretaries” for “Secretary of Transportation”.

   Enacted provision · exact public law section
   (2) Subsection (h) of such section is amended by striking out “Secretary of Transportation” and inserting in lieu thereof “other administering Secretaries”.

8. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 702(a) · 112 Stat. 1920

   1. Added · 10 U.S.C. § 1076c(b)(4); 10 U.S.C. § 1076c(b)(5)

      Pub. L. 105–261, § 702(a), added par. (4)

   2. Redesignated · 10 U.S.C. § 1076c(b)(4); 10 U.S.C. § 1076c(b)(5)

      Pub. L. 105–261, § 702(a), redesignated former par. (4) as (5)

   Source evidence

   Code amendment note
   Subsec. (b)(4), (5). Pub. L. 105–261, § 702(a), added par. (4) and redesignated former par. (4) as (5).

   Enacted provision · exact public law section
   (a) In General.— subsection (b) of section 1076c 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) 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.”.

9. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 702(b) · 112 Stat. 1920

   Substituted · 10 U.S.C. § 1076c(f)(3)

   Pub. L. 105–261, § 702(b), substituted “(b)(5)” for “(b)(4)”

   Source evidence

   Code amendment note
   Subsec. (f)(3). Pub. L. 105–261, § 702(b), substituted “(b)(5)” for “(b)(4)”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— subsection (f)(3) of such section is amended by striking out “(b)(4)” and inserting in lieu thereof “(b)(5)”.

10. 1999

    Pub. L. 106–65 div. A title VII § 704 · 113 Stat. 512

    Amended · 10 U.S.C. § 1076c(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 704. ENHANCEMENT OF DENTAL BENEFITS FOR RETIREES. Subsection (d) of section 1076c of title 10, United States Code, is amended to read as follows: “(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.”.

11. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Struck · 10 U.S.C. § 1076c(b)(5)(C)

    Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(6)], struck out “pursuant to subsection (i)(2) of such section” after “section 1076a of this title”

    Source evidence

    Code amendment note
    Subsec. (b)(5)(C). Pub. L. 106–398, § 1 [[div. A], title X, § 1087(a)(6)], struck out “pursuant to subsection (i)(2) of such section” after “section 1076a of this title”.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

12. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 10 U.S.C. § 1076c(f)

    Pub. L. 106–398, § 1 [[div. A], title VII, § 726(b)], substituted “Required Terminations” for “Termination” in heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(b)], substituted “Required Terminations” for “Termination” in heading.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Added · 10 U.S.C. § 1076c(i); 10 U.S.C. § 1076c(j)

       Pub. L. 106–398, § 1 [[div. A], title VII, § 726(a)], added subsec. (i)

    2. Redesignated · 10 U.S.C. § 1076c(i); 10 U.S.C. § 1076c(j)

       Pub. L. 106–398, § 1 [[div. A], title VII, § 726(a)], redesignated former subsec. (i) as (j)

    Source evidence

    Code amendment note
    Subsecs. (i), (j). Pub. L. 106–398, § 1 [[div. A], title VII, § 726(a)], added subsec. (i) and redesignated former subsec. (i) as (j).

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2016

    National Defense Authorization Act for Fiscal Year 2017

    Pub. L. 114–328 div. A title VII § 715(b)(3) · 130 Stat. 2000

    Amended · 10 U.S.C. § 1076c(a)

    Pub. L. 114–328 amended subsec. (a) generally. Prior to amendment, text read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 114–328 amended subsec. (a) generally. Prior to amendment, text read as follows: “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.”

    Enacted provision · exact public law section
    (3) Plan for dental insurance for certain retirees, surviving spouses, and other dependents.— Subsection (a) of section 1076c of title 10, United States Code, is amended to read as follows: “(a) Requirement for Plan.— (1) The Secretary of Defense shall establish a dental insurance plan for retirees of the uniformed services, certain unremarried surviving spouses, and dependents in accordance with this section. “(2) The Secretary may satisfy the requirement under paragraph (1) by entering into an agreement with the Director of the Office of Personnel Management to allow persons described in subsection (b) to enroll in an insurance plan under chapter 89A of title 5 that provides benefits similar to those benefits required to be provided under subsection (d).” .

    Effective date note
    Amendment by Pub. L. 114–328 applicable with respect to the first contract year for chapter 89A or 89B of Title 5, Government Organization and Employees, as applicable, that begins on or after Jan. 1, 2018, see section 715(c) of Pub. L. 114–328, set out as a note under section 8951 of Title 5.

16 of 16 references resolved to an enrolled provision