---
kind: "section"
citation: "10 U.S.C. § 1078a"
title: "10"
title_heading: "Armed Forces"
number: "1078a"
heading: "Continued health benefits coverage"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1078a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 55 — Medical and Dental Care"
---

# §1078a. Continued health benefits coverage

- (a) **Provision of Continued Health Coverage.—** The [Secretary](/usc/10/4951.md?p=3) of Defense shall implement and carry out a [program](/usc/10/2101.md?p=1) of continued health benefits coverage in accordance with this section to provide [persons](/usc/10/2700.md?p=2) described in [subsection (b)](#b) with temporary health benefits comparable to the health benefits provided for former civilian employees of the Federal Government and other [persons](/usc/10/2700.md?p=2) under [section 8905a of title 5](/usc/5/8905a.md).
- (b) **Eligible Persons.—** The [persons](/usc/10/2700.md?p=2) referred to in [subsection (a)](#a) are the following:
  - (1) A member of the [uniformed services](/usc/10/1072.md?p=1) who—
    - (A) is discharged or released from [active duty](/usc/10/101.md?p=d-1) (or [full-time National Guard duty](/usc/10/101.md?p=d-5)), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the [Secretary concerned](/usc/10/2801.md?p=c-5);
    - (B) immediately preceding that discharge or [release](/usc/10/2700.md?p=2), is entitled to medical and dental care under [section 1074(a) of this title](/usc/10/1074.md?p=a) (except in the case of a member discharged or released from [full-time National Guard duty](/usc/10/101.md?p=d-5)); and
    - (C) after that discharge or [release](/usc/10/2700.md?p=2) and any period of transitional [health care](/usc/10/1072.md?p=10) provided under [section 1145(a) of this title](/usc/10/1145.md?p=a), would not otherwise be eligible for any benefits under this chapter.
  - (2) A member of the Selected [Reserve](/usc/10/101.md?p=c-6) of the Ready [Reserve](/usc/10/101.md?p=c-6) of a [reserve](/usc/10/101.md?p=c-6) [component](/usc/10/3011.md?p=13) of the [armed forces](/usc/10/101.md?p=a-4) who—
    - (A) is discharged or released from service in the Selected [Reserve](/usc/10/101.md?p=c-6), whether voluntarily or involuntarily, under other than adverse conditions, as characterized by the [Secretary concerned](/usc/10/2801.md?p=c-5);
    - (B) immediately preceding that discharge or [release](/usc/10/2700.md?p=2), is enrolled in TRICARE [Reserve](/usc/10/101.md?p=c-6) Select; and
    - (C) after that discharge or [release](/usc/10/2700.md?p=2), would not otherwise be eligible for any benefits under this chapter.
  - (3) A [person](/usc/10/2700.md?p=2) who—
    - (A) ceases to meet the requirements for being considered an unmarried [dependent](/usc/10/1072.md?p=2) [child](/usc/10/1072.md?p=6) of a member or former member of the [uniformed services](/usc/10/1072.md?p=1) under [section 1072(2)(D) of this title](/usc/10/1072.md?p=2-D) or ceases to meet the requirements for being considered an unmarried [dependent](/usc/10/1072.md?p=2) under [section 1072(2)(I) of this title](/usc/10/1072.md?p=2-I);
    - (B) on the day before ceasing to meet those requirements, was covered under a health benefits plan under this chapter or transitional [health care](/usc/10/1072.md?p=10) under [section 1145(a) of this title](/usc/10/1145.md?p=a) as a [dependent](/usc/10/1072.md?p=2) of the member or former member; and
    - (C) would not otherwise be eligible for any benefits under this chapter.
  - (4) A [person](/usc/10/2700.md?p=2) who—
    - (A) is an unremarried former [spouse](/usc/10/101.md?p=g-5) of a member or former member of the [uniformed services](/usc/10/1072.md?p=1); and
    - (B) on the day before the date of the final decree of divorce, dissolution, or annulment was covered under a health benefits plan under this chapter or transitional [health care](/usc/10/1072.md?p=10) under [section 1145(a) of this title](/usc/10/1145.md?p=a) as a [dependent](/usc/10/1072.md?p=2) of the member or former member; and
    - (C) is not a [dependent](/usc/10/1072.md?p=2) of the member or former member under subparagraph (F) or (G) of [section 1072(2) of this title](/usc/10/1072.md?p=2) or ends a one-year period of dependency under [subparagraph (H)](/usc/10/1072.md?p=2-H) of such section.
  - (5) Any other [person](/usc/10/2700.md?p=2) specified in regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense for purposes of this paragraph who loses entitlement to [health care](/usc/10/1072.md?p=10) services under this chapter or [section 1145 of this title](/usc/10/1145.md), subject to such terms and conditions as the [Secretary](/usc/10/4951.md?p=3) shall prescribe in the regulations.
- (c) **Notification of Eligibility.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall prescribe regulations to provide for [persons](/usc/10/2700.md?p=2) described in [subsection (b)](#b) to be notified of eligibility to receive health benefits under this section.
  - (2) In the case of a member who becomes (or will become) eligible for continued coverage under [subsection (b)(1)](#b-1) or [subsection (b)(2)](#b-2), the regulations shall provide for the [Secretary concerned](/usc/10/2801.md?p=c-5) to notify the member of the member’s rights under this section as part of preseparation counseling conducted under [section 1142 of this title](/usc/10/1142.md) or any other provision of other law.
  - (3) In the case of a [dependent](/usc/10/1072.md?p=2) of a member or former member who becomes eligible for continued coverage under [subsection (b)(3)](#b-3), the regulations shall provide that—
    - (A) the member or former member may submit to the [Secretary concerned](/usc/10/2801.md?p=c-5) a written notice of the [dependent](/usc/10/1072.md?p=2)’s change in status (including the [dependent](/usc/10/1072.md?p=2)’s name, address, and such other information as the [Secretary](/usc/10/4951.md?p=3) of Defense may require); and
    - (B) the [Secretary concerned](/usc/10/2801.md?p=c-5) shall, within 14 days after receiving that notice, inform the [dependent](/usc/10/1072.md?p=2) of the [dependent](/usc/10/1072.md?p=2)’s rights under this section.
  - (4) In the case of a former [spouse](/usc/10/101.md?p=g-5) of a member or former member who becomes eligible for continued coverage under [subsection (b)(4)](#b-4), the regulations shall provide appropriate notification provisions and a 60-day election period under [subsection (d)(3)](#d-3).[^1]
- (d) **Election of Coverage.—** In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the [Secretary](/usc/10/4951.md?p=3) of Defense may prescribe) shall be made as follows:
  - (1) In the case of a member described in [subsection (b)(1)](#b-1), the written election shall be submitted to the [Secretary concerned](/usc/10/2801.md?p=c-5) before the end of the 60-day period beginning on the later of—
    - (A) the date of the discharge or [release](/usc/10/2700.md?p=2) of the member from [active duty](/usc/10/101.md?p=d-1) or [full-time National Guard duty](/usc/10/101.md?p=d-5);
    - (B) the date on which the period of transitional [health care](/usc/10/1072.md?p=10) applicable to the member under [section 1145(a) of this title](/usc/10/1145.md?p=a) ends; or
    - (C) the date the member receives the notification required pursuant to [subsection (c)](#c).
  - (2) In the case of a member described in [subsection (b)(2)](#b-2), the written election shall be submitted to the [Secretary concerned](/usc/10/2801.md?p=c-5) before the end of the 60-day period beginning on the later of—
    - (A) the date of the discharge or [release](/usc/10/2700.md?p=2) of the member from service in the Selected [Reserve](/usc/10/101.md?p=c-6); and
    - (B) the date the member receives the notification required pursuant to [subsection (c)](#c).
  - (3)
    - (A) In the case of a [dependent](/usc/10/1072.md?p=2) of a member or former member who becomes eligible for continued coverage under [subsection (b)(3)](#b-3), the written election shall be submitted to the [Secretary concerned](/usc/10/2801.md?p=c-5) before the end of the 60-day period beginning on the later of—
      - (i) the date on which the [dependent](/usc/10/1072.md?p=2) first ceases to meet the requirements for being considered a [dependent](/usc/10/1072.md?p=2) under subparagraph (D) or (I) of [section 1072(2) of this title](/usc/10/1072.md?p=2); or
      - (ii) the date the [dependent](/usc/10/1072.md?p=2) receives the notification pursuant to [subsection (c)](#c).
    - (B) Notwithstanding [subparagraph (A)](#d-3-A), if the [Secretary concerned](/usc/10/2801.md?p=c-5) determines that the [dependent](/usc/10/1072.md?p=2)’s parent has failed to provide the notice referred to in [subsection (c)(3)(A)](#c-3-A) with respect to the [dependent](/usc/10/1072.md?p=2) in a timely fashion, the 60-day period under this paragraph shall be based only on the date under [subparagraph (A)(i)](#d-3-A-i).
  - (4) In the case of a former [spouse](/usc/10/101.md?p=g-5) of a member or a former member who becomes eligible for continued coverage under [subsection (b)(4)](#b-4), the written election shall be submitted to the [Secretary concerned](/usc/10/2801.md?p=c-5) before the end of the 60-day period beginning on the later of—
    - (A) the date as of which the former [spouse](/usc/10/101.md?p=g-5) first ceases to meet the requirements for being considered a [dependent](/usc/10/1072.md?p=2) under [section 1072(2) of this title](/usc/10/1072.md?p=2); or
    - (B) such other date as the [Secretary](/usc/10/4951.md?p=3) of Defense may prescribe.
  - (5) In the case of a [person](/usc/10/2700.md?p=2) described in [subsection (b)(5)](#b-5), by such date as the [Secretary](/usc/10/4951.md?p=3) shall prescribe in the regulations required for purposes of that subsection.
- (e) **Coverage of Dependents.—** A [person](/usc/10/2700.md?p=2) eligible under [subsection (b)(1)](#b-1) or [subsection (b)(2)](#b-2) to elect to receive coverage may elect coverage either as an individual or, if appropriate, for self and [dependents](/usc/10/1072.md?p=2). A [person](/usc/10/2700.md?p=2) eligible under [subsection (b)(3)](#b-3) or [subsection (b)(4)](#b-4) may elect only individual coverage.
- (f) **Charges.—**
  - (1) Under arrangements satisfactory to the [Secretary](/usc/10/4951.md?p=3) of Defense, a [person](/usc/10/2700.md?p=2) receiving continued coverage under this section shall be required to [pay](/usc/10/101.md?p=a-15) into the [Military](/usc/10/801.md?p=8) [Health Care](/usc/10/1072.md?p=10) Account or other appropriate account an amount equal to the sum of—
    - (A) the employee and [agency](/usc/10/3451.md?p=3) contributions which would be required in the case of a similarly situated employee enrolled in a comparable health benefits plan under [section 8905a(d)(1)(A)(i) of title 5](/usc/5/8905a.md?p=d-1-A-i); and
    - (B) an amount, not to exceed 10 percent of the amount determined under [subparagraph (A)](#f-1-A), determined under regulations prescribed by the [Secretary](/usc/10/4951.md?p=3) of Defense to be necessary for administrative expenses; and
  - (2) If a [person](/usc/10/2700.md?p=2) elects to continue coverage under this section before the end of the applicable period under [subsection (d)](#d), but after the [person](/usc/10/2700.md?p=2)’s coverage under this chapter (and any transitional extension of coverage under [section 1145(a) of this title](/usc/10/1145.md?p=a)) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with [paragraph (1)](#f-1)) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
- (g) **Period of Continued Coverage.—**
  - (1) Continued coverage under this section may not extend beyond—
    - (A) in the case of a member described in [subsection (b)(1)](#b-1), the date which is 18 months after the date the member ceases to be entitled to care under [section 1074(a) of this title](/usc/10/1074.md?p=a) and any transitional care under [section 1145 of this title](/usc/10/1145.md), as the case may be;
    - (B) in the case of a member described in [subsection (b)(2)](#b-2), the date which is 18 months after the date the member ceases to be eligible to enroll in TRICARE [Reserve](/usc/10/101.md?p=c-6) Select;
    - (C) in the case of a [person](/usc/10/2700.md?p=2) described in [subsection (b)(3)](#b-3), the date which is 36 months after the date on which the [person](/usc/10/2700.md?p=2) first ceases to meet the requirements for being considered a [dependent](/usc/10/1072.md?p=2) under subparagraph (D) or (I) of [section 1072(2) of this title](/usc/10/1072.md?p=2);
    - (D) in the case of a [person](/usc/10/2700.md?p=2) described in [subsection (b)(4)](#b-4), except as provided in [paragraph (4)](#g-4), the date which is 36 months after the later of—
      - (i) the date on which the final decree of divorce, dissolution, or annulment occurs; and
      - (ii) if applicable, the date the one-year extension of dependency under [section 1072(2)(H) of this title](/usc/10/1072.md?p=2-H) expires; and
    - (E) in the case of a [person](/usc/10/2700.md?p=2) described in [subsection (b)(5)](#b-5), the date that is 36 months after the date on which the [person](/usc/10/2700.md?p=2) loses entitlement to [health care](/usc/10/1072.md?p=10) services as described in that subsection.
  - (2) Notwithstanding [paragraph (1)(C)](#g-1-C), if a [dependent](/usc/10/1072.md?p=2) of a member becomes eligible for continued coverage under [subsection (b)(3)](#b-3) during a period of continued coverage of the member for self and [dependents](/usc/10/1072.md?p=2) under this section, extended coverage of the [dependent](/usc/10/1072.md?p=2) under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under [section 1074(a) of this title](/usc/10/1074.md?p=a) and any transitional [health care](/usc/10/1072.md?p=10) under [section 1145(a) of this title](/usc/10/1145.md?p=a).
  - (3) Notwithstanding [paragraph (1)(D)](#g-1-D), if a [person](/usc/10/2700.md?p=2) becomes eligible for continued coverage under [subsection (b)(4)](#b-4) as the former [spouse](/usc/10/101.md?p=g-5) of a member during a period of continued coverage of the member for self and [dependents](/usc/10/1072.md?p=2) under this section, extended coverage of the former [spouse](/usc/10/101.md?p=g-5) under this section may not extend beyond the date which is 36 months after the date the member became ineligible for medical and dental care under [section 1074(a) of this title](/usc/10/1074.md?p=a) and any transitional [health care](/usc/10/1072.md?p=10) under [section 1145(a) of this title](/usc/10/1145.md?p=a).
  - (4)
    - (A) Notwithstanding [paragraph (1)](#g-1), in the case of a former [spouse](/usc/10/101.md?p=g-5) described in [subparagraph (B)](#g-4-B), continued coverage under this section shall continue for such period as the former [spouse](/usc/10/101.md?p=g-5) may request.
    - (B) A former [spouse](/usc/10/101.md?p=g-5) referred to in [subparagraph (A)](#g-4-A) is a former [spouse](/usc/10/101.md?p=g-5) of a member or former member (other than a former [spouse](/usc/10/101.md?p=g-5) whose marriage was dissolved after the separation of the member from the service unless such separation was by retirement)—
      - (i) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved;
      - (ii) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the divorce, dissolution, or annulment; and
      - (iii)
        - (I) who is receiving any portion of the retired or retainer [pay](/usc/10/101.md?p=a-15) of the member or former member or an annuity based on the retired or retainer [pay](/usc/10/101.md?p=a-15) of the member; or
        - (II) for whom a court order (as defined in [section 1408(a)(2) of this title](/usc/10/1408.md?p=a-2)) has been issued for payment of any portion of the retired or retainer [pay](/usc/10/101.md?p=a-15) or for whom a court order (as defined in [section 1447(13) of this title](/usc/10/1447.md?p=13)) or a written agreement (whether voluntary or pursuant to a court order) provides for an election by the member or former member to provide an annuity to the former [spouse](/usc/10/101.md?p=g-5).
- (h) **TRICARE Reserve Select Defined.—** In this section, the term “TRICARE [Reserve](/usc/10/101.md?p=c-6) Select” means [TRICARE Standard](/usc/10/1072.md?p=15) coverage provided under [section 1076d of this title](/usc/10/1076d.md).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 102–484, div. D, title XLIV, § 4408(a)(1), Oct. 23, 1992, 106 Stat. 2708; amended Pub. L. 103–35, title II, § 201(g)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–337, div. A, title VII, § 702(c), Oct. 5, 1994, 108 Stat. 2798; Pub. L. 104–201, div. A, title X, § 1074(a)(4), Sept. 23, 1996, 110 Stat. 2658; Pub. L. 105–85, div. A, title X, § 1073(a)(17), Nov. 18, 1997, 111 Stat. 1901; Pub. L. 108–136, div. A, title VII, § 713(a), Nov. 24, 2003, 117 Stat. 1530; Pub. L. 110–181, div. A, title VII, § 705, Jan. 28, 2008, 122 Stat. 189; Pub. L. 114–92, div. A, title VII, § 703, Nov. 25, 2015, 129 Stat. 861.)

## Notes

### Editorial Notes

### References in Text

Subsection (d)(3), referred to in subsec. (c)(4), was redesignated subsec. (d)(4) by Pub. L. 114–92, div. A, title VII, § 703(c)(1), Nov. 25, 2015, 129 Stat. 861.

### Amendments

2015—Subsec. (b)(2) to (5). Pub. L. 114–92, § 703(a), added par. (2) and redesignated former pars. (2) to (4) as (3) to (5), respectively.

Subsec. (c)(2). Pub. L. 114–92, § 703(b), inserted “or subsection (b)(2)” after “subsection (b)(1)”.

Subsec. (c)(3). Pub. L. 114–92, § 703(g)(1)(A), substituted “subsection (b)(3)” for “subsection (b)(2)” in introductory provisions.

Subsec. (c)(4). Pub. L. 114–92, § 703(g)(1)(B), substituted “subsection (b)(4)” for “subsection (b)(3)”.

Subsec. (d)(2). Pub. L. 114–92, § 703(c)(2), added par. (2). Former par. (2) redesignated (3).

Subsec. (d)(3). Pub. L. 114–92, § 703(c)(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).

Subsec. (d)(3)(A). Pub. L. 114–92, § 703(g)(2)(A), substituted “subsection (b)(3)” for “subsection (b)(2)” in introductory provisions.

Subsec. (d)(4). Pub. L. 114–92, § 703(c)(1), (g)(2)(B), redesignated par. (3) as (4) and substituted “subsection (b)(4)” for “subsection (b)(3)” in introductory provisions. Former par. (4) redesignated (5).

Subsec. (d)(5). Pub. L. 114–92, § 703(c)(1), (g)(2)(C), redesignated par. (4) as (5) and substituted “subsection (b)(5)” for “subsection (b)(4)”.

Subsec. (e). Pub. L. 114–92, § 703(d), (g)(3), inserted “or subsection (b)(2)” after “subsection (b)(1)” and substituted “subsection (b)(3) or subsection (b)(4)” for “subsection (b)(2) or subsection (b)(3)”.

Subsec. (g)(1)(B). Pub. L. 114–92, § 703(e)(2), added subpar. (B). Former subpar. (B) redesignated (C).

Subsec. (g)(1)(C). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(i), redesignated subpar. (B) as (C) and substituted “subsection (b)(3)” for “subsection (b)(2)”. Former subpar. (C) redesignated (D).

Subsec. (g)(1)(D). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(ii), redesignated subpar. (C) as (D) and substituted “subsection (b)(4)” for “subsection (b)(3)” in introductory provisions. Former subpar. (D) redesignated (E).

Subsec. (g)(1)(E). Pub. L. 114–92, § 703(e)(1), (g)(4)(A)(iii), redesignated subpar. (D) as (E) and substituted “subsection (b)(5)” for “subsection (b)(4)”.

Subsec. (g)(2). Pub. L. 114–92, § 703(g)(4)(B), substituted “paragraph (1)(C)” for “paragraph (1)(B)” and “subsection (b)(3)” for “subsection (b)(2)”.

Subsec. (g)(3). Pub. L. 114–92, § 703(g)(4)(C), substituted “paragraph (1)(D)” for “paragraph (1)(C)” and “subsection (b)(4)” for “subsection (b)(3)”.

Subsec. (h). Pub. L. 114–92, § 703(f), added subsec. (h).

2008—Subsec. (b)(4). Pub. L. 110–181, § 705(a), added par. (4).

Subsec. (d)(4). Pub. L. 110–181, § 705(b), added par. (4).

Subsec. (g)(1)(D). Pub. L. 110–181, § 705(c), added subpar. (D).

2003—Subsec. (b)(1), (2)(A), (3)(A). Pub. L. 108–136 substituted “uniformed services” for “armed forces”.

1997—Subsec. (g)(4)(B)(iii)(II). Pub. L. 105–85 substituted “section 1447(13)” for “section 1447(8)”.

1996—Subsec. (a). Pub. L. 104–201 substituted “The Secretary” for “Beginning on October 1, 1994, the Secretary”.

1994—Subsec. (b)(2)(A). Pub. L. 103–337, § 702(c)(1), inserted before semicolon “or ceases to meet the requirements for being considered an unmarried dependent under section 1072(2)(I) of this title”.

Subsec. (c)(3). Pub. L. 103–337, § 702(c)(2), substituted “dependent” for “child” in two places and “dependent’s” for “child’s” wherever appearing.

Subsec. (d)(2)(A). Pub. L. 103–337, § 702(c)(3), substituted “a dependent” for “a child” in introductory provisions, “the dependent” for “the child” in cls. (i) and (ii), and “a dependent under subparagraph (D) or (I) of section 1072(2) of this title;” for “an unmarried dependent child under section 1072(2)(D) of this title,” in cl. (i).

Subsec. (d)(2)(B). Pub. L. 103–337, § 702(c)(4), substituted “dependent’s” for “child’s” and “dependent” for “child”.

Subsec. (g)(1)(B). Pub. L. 103–337, § 702(c)(5), substituted “a dependent under subparagraph (D) or (I) of section 1072(2) of this title” for “an unmarried dependent child under section 1072(2)(D) of this title”.

Subsec. (g)(2). Pub. L. 103–337, § 702(c)(6), substituted “dependent” for “child” in two places.

1993—Subsec. (b)(3)(C). Pub. L. 103–35, § 201(g)(1)(A), substituted “subparagraph” for “subparagraphs” after “member under”.

Subsec. (d)(2)(A). Pub. L. 103–35, § 201(g)(1)(B), inserted “under” after “coverage”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

Pub. L. 108–136, div. A, title VII, § 713(b), Nov. 24, 2003, 117 Stat. 1531, provided that: “The amendments made by subsection (a) [amending this section] shall apply to members of the uniformed services who are not otherwise covered by section 1078a of title 10, United States Code, before the date of the enactment of this Act [Nov. 24, 2003] and who, on or after such date, first meet the eligibility criteria specified in subsection (b) of that section.”