Pub. L. 105-85, div. A, tit. V, subtit. B, sec. 513

CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH AND DISABILITY BENEFITS FOR RESERVE MEMBERS WHO INCUR OR AGGRAVATE AN ILLNESS IN THE LINE OF DUTY.

EnactedYear: 1997Length: 1,068 wordsOfficial source
SEC. 513. CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH AND DISABILITY BENEFITS FOR RESERVE MEMBERS WHO INCUR OR AGGRAVATE AN ILLNESS IN THE LINE OF DUTY. (a) Medical and Dental Care for Members.—Section 1074a of title 10, United States Code, is amended— (1) in subsection (a)(3), by inserting “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in the line of duty”; and (2) by adding at the end the following new subsection “(e) A member of a uniformed service described in paragraph (1)(A) or (2)(A) of subsection (a) whose orders are modified or extended, while the member is being treated for (or recovering from) the injury, illness, or disease incurred or aggravated in the line of duty, so as to result in active duty for a period of more than 30 days shall be entitled, while the member remains on active duty, to medical and dental care on the same basis and to the same extent as members covered by section 1074(a) of this title.”. (b) Medical and Dental Care for Dependents.—Section 1076(a) of such title is amended by striking out paragraph (2) and inserting in lieu thereof the following new paragraph: “(2) A dependent referred to in paragraph (1) is a dependent of a member of a uniformed service described in one of the following subparagraphs: “(A) A member who is on active duty for a period of more than 30 days or died while on that duty. “(B) A member who died from an injury, illness, or disease incurred or aggravated— “(i) while the member was on active duty under a call or order to active duty of 30 days or less, on active duty for training, or on inactive-duty training; or “(ii) while the member was traveling to or from the place at which the member was to perform, or had performed, such active duty, active duty for training, or inactive-duty training. “(C) A member who died from an injury, illness, or disease incurred or aggravated in the line of duty while the member remained overnight immediately before the commencement of inactive-duty training, or while the member remained overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site was outside reasonable commuting distance from the member’s residence. “(D) A member who incurred or aggravated an injury, illness, or disease in the line of duty while serving on active duty for a period of 30 days or less (or while traveling to or from the place of such duty) and the member’s orders are modified or extended, while the member is being treated for (or recovering from) the injury, illness, or disease, so as to result in active duty for a period of more than 30 days. However, this subparagraph entitles the dependent to medical and dental care only while the member remains on active duty.”. (c) Eligibility for Disability Retirement or Separation.—(1) Section 1204(2) of such title is amended to read as follows: “(2) the disability—111 STAT. 1731 “(A) was incurred before September 24, 1996, as the proximate result of— “(i) performing active duty or inactive-duty training; “(ii) traveling directly to or from the place at which such duty is performed; or “(iii) an injury, illness, or disease incurred or aggravated while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence; or “(B) is a result of an injury, illness, or disease incurred or aggravated in line of duty after September 23, 1996— “(i) while performing active duty or inactive-duty training; “(ii) while traveling directly to or from the place at which such duty is performed; or “(iii) while remaining overnight, immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site of the inactive-duty training is outside reasonable commuting distance of the member’s residence;”. (2) Section 1206 of such title is amended— (A) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and (B) by inserting after paragraph (1) the following new paragraph (2): “(2) the disability is a result of an injury, illness, or disease incurred or aggravated in line of duty while— “(A) performing active duty or inactive-duty training; “(B) traveling directly to or from the place at which such duty is performed; or “(C) while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training, if the site is outside reasonable commuting distance of the member’s residence;”. (d) Conforming Amendments and Related Clerical Amendments.—(1) The heading of section 1204 of title 10, United States Code, is amended to read as follows: “§ 1204. Members on active duty for 30 days or less or on inactive-duty training: retirement”. (2) The heading of section 1206 of such title is amended to read as follows: “§ 1206. Members on active duty for 30 days or less or on inactive-duty training: separation”. (3) The table of sections at the beginning of chapter 61 of such title is amended—111 STAT. 1732 (A) by striking out the item relating to section 1204 and inserting in lieu thereof the following: “1204. Members on active duty for 30 days or less or on inactive-duty training: retirement.”; and (B) by striking out the item relating to section 1206 and inserting in lieu thereof the following: “1206. Members on active duty for 30 days or less or on inactive-duty training: separation.”. (e) Recovery, Care, and Disposition of Remains.—Section 1481(a)(2)(D) of such title is amended by inserting “remaining overnight immediately before the commencement of inactive-duty training, or” after “(D)”. (f) Entitlement to Basic Pay.—Section 204 of title 37, United States Code, is amended by inserting “while remaining overnight immediately before the commencement of inactive-duty training, or” in subsections (g)(1)(D) and (h)(1)(D) after “in line of duty”. (g) Compensation for Inactive-Duty Training.—Section 206(a)(3)(C) of title 37, United States Code, is amended by inserting “while remaining overnight immediately before the commencement of inactive-duty training, or” after “in line of duty”.
Pub. L. 105-85, div. A, tit. V, subtit. B, sec. 513: CORRECTION OF INEQUITIES IN MEDICAL AND DENTAL CARE AND DEATH AND DISABILITY BENEFITS FOR RESERVE MEMBERS WHO INCUR OR AGGRAVATE AN ILLNESS IN THE LINE OF DUTY. | Justis AI