REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF HEALTH BENEFITS.

SEC. 702. REVISION OF DEFINITION OF DEPENDENTS FOR PURPOSES OF HEALTH BENEFITS. (a) Expansion of Definition.—Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (G), by striking out “; and” and inserting in lieu thereof a semicolon; (2) in subparagraph (H), by striking out the period and inserting in lieu thereof “; and”; and (3) by adding at the end the following new subparagraph: “(I) an unmarried person who— “(i) is placed in the legal custody of the member or former member as a result of an order of a court of competent jurisdiction in the United States (or a Territory or possession of the United States) for a period of at least 12 consecutive months; “(ii) either— “(I) has not attained the age of 21; “(II) has not attained the age of 23 and is enrolled in a full time course of study at an institution of higher learning approved by the administering Secretary; or “(III) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this subparagraph pursuant to subclause (I) or (II); “(iii) is dependent on the member or former member for over one-half of the person’s support; “(iv) resides with the member or former member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the administering Secretary may by regulation prescribe; and “(v) is not a dependent of a member or a former member under any other subparagraph.” (b) Application of Amendment.—Section 1072(2)(1) of title 10, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994. 107 STAT. 1687