Reserve Component Benefits Parity Act
A BILL
To amend titles 5, 10, 37, and 38, United States Code, to ensure that an order to serve on active duty under section 12304a or 12304b of title 10, United States Code, is treated the same as other orders to serve on active duty for determining the eligibility of members of the uniformed services and veterans for certain benefits and for calculating the deadlines for certain benefits.
Sec. 2 Eligibility of reserve component members for pre-mobilization health care
Section 1074(d)(2) of title 10, United States Code, is amended by striking “in support of a contingency operation under” and inserting “under section 12304b of this title or”.
Sec. 3 Eligibility of reserve component members for transitional health care
Section 1145(a)(2)(B) of title 10, United States Code, is amended by striking “in support of a contingency operation” and inserting “under section 12304b of this title or a provision of law referred to in section 101(a)(13)(B) of this title”.
Sec. 4 Consideration of service on active duty to reduce age for eligibility for retired pay for non-regular service
Section 12731(f)(2)(B)(i) of title 10, United States Code, is amended by striking “under a provision of law referred to in section 101(a)(13)(B) or under section 12301(d)” and inserting “under section 12301(d) or 12304b of this title or a provision of law referred to in section 101(a)(13)(B)”.
Sec. 5 Eligibility of reserve component members for high-deployment allowance for lengthy or numerous deployments and frequent mobilizations
Section 436(a)(2)(C)(ii) of title 37, United States Code, is amended by inserting after “under” the first place it appears the following: “section 12304b of title 10 or”.
Sec. 6 Eligibility of reserve component members for post-9/11 educational assistance
Section 3301(1)(B) of title 38, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
Sec. 7 Eligibility of reserve component members for nonreduction in pay while serving in the uniformed services or National Guard
Section 5538(a) of title 5, United States Code, is amended in the matter preceding paragraph (1) by inserting after “under” the following: “section 12304b of title 10 or”.
Sec. 8 Effect of order to serve on active duty on eligibility for or use of certain military benefits
Exception to Voluntary separation pay repayment requirement for members who return to active duty— Section 1175a(j)(2) of title 10, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
Time limitation for Training and rehabilitation for veterans with service-Connected disabilities— Section 3103(f) of title 38, United States Code, is amended by striking “or 12304” and inserting “12304, 12304a, or 12304b”.
Sec. 9 Retroactive applicability of amendments
The amendments made by this Act shall apply with respect to any order for a member of a reserve component to serve on active duty under section 12304a or 12304b of title 10, United States Code, issued on or after January 1, 2012.