10 U.S.C. § 12524 — Enrollment and election of benefits
submitted 30 years ago by Pub. L. 104-106 to r/title-10-ARMED-FORCES · 522 words · no verdicts yet
New Ready Reserve members are automatically signed up for this insurance unless they opt out within 60 days. Members who were already in the Ready Reserve when the program started got their own 60-day window to sign up, as did members who become eligible later. Once someone declines coverage or picks a benefit level, that choice generally cannot be undone or increased, though a member can always cancel later. Members on active duty are not eligible to enroll.
(a) Enrollment. (1) Except for members described in (f), a new Ready Reserve member is automatically enrolled in the insurance program*, unless the member opts out within 60 days of joining, following the Secretary's rules. (2) When the insurance program first starts, the Secretary* must give existing Ready Reserve members (other than those ineligible under (f)) a chance to enroll; anyone who does not enroll within 60 days of that offer is treated as having declined. (3) A member who was ineligible under (f) must get a chance to enroll once they leave active duty*, following the Secretary's rules, if they never had that chance before; failing to enroll within 60 days counts as declining.
(b) Election of Benefit Amount. A member's monthly benefit is the "basic benefit" under section 12525(a), unless the member picks a different amount under section 12525(b) within 60 days of joining or of being offered enrollment.
(c) Elections Irrevocable. (1) A decision to decline insurance under (a)(1) or (a)(2) cannot be undone. (2) A member cannot increase their coverage amount after enrolling.
(d) Election To Terminate. A member may cancel their enrollment at any time.
(e) Information To Be Furnished. The Secretary must give members a written explanation of the insurance program and tell them they can decline coverage, or, if they don't decline, choose a reduced or enhanced benefit under (b).
(f) Members Ineligible To Enroll. Ready Reserve members on active duty (or full-time National Guard duty*) cannot enroll in the insurance program. The Secretary may also exclude other categories of members by regulation.
(g) Members of Individual Ready Reserve. Despite anything else in this section, under the Secretary's rules, a member who moves from the Individual Ready Reserve into the Selected Reserve cannot be denied the chance to buy this insurance, unless the member had already declined it while previously in the Selected Reserve.
Except as provided in subsection (f), upon first becoming a member of the Ready Reserve, a member shall be automatically enrolled for coverage under the insurance program*. An automatic enrollment of a member shall be void if within 60 days after first becoming a member of the Ready Reserve the member declines insurance under the program in accordance with the regulations prescribed by the Secretary*.
Promptly after the insurance program is established, the Secretary shall offer to members of the reserve components who are then members of the Ready Reserve (other than members ineligible under subsection (f)) an opportunity to enroll for coverage under the insurance program. A member who fails to enroll within 60 days after being offered the opportunity shall be considered as having declined to be insured under the program.
A member of the Ready Reserve ineligible to enroll under subsection (f) shall be afforded an opportunity to enroll upon being released from active duty* in accordance with regulations prescribed by the Secretary if the member has not previously had the opportunity to be enrolled under paragraph (1) or (2). A member who fails to enroll within 60 days after being afforded that opportunity shall be considered as having declined to be insured under the program.
The amount of a member’s monthly benefit under an enrollment shall be the basic benefit under subsection (a) of section 12525 of this title unless the member elects a different benefit under subsection (b) of such section within 60 days after first becoming a member of the Ready Reserve or within 60 days after being offered the opportunity to enroll, as the case may be.
An election to decline insurance pursuant to paragraph (1) or (2) of subsection (a) is irrevocable.
The amount of coverage may not be increased after enrollment.
A member may terminate an enrollment at any time.
The Secretary shall ensure that members referred to in subsection (a) are given a written explanation of the insurance program and are advised that they have the right to decline to be insured and, if not declined, to elect coverage for a reduced benefit or an enhanced benefit under subsection (b).
Members of the Ready Reserve serving on active duty (or full-time National Guard duty*) are not eligible to enroll for coverage under the insurance program. The Secretary may define any additional category of members of the Ready Reserve to be excluded from eligibility to purchase insurance under this chapter.
Notwithstanding any other provision of this section, and pursuant to regulations issued by the Secretary, a member of the Individual Ready Reserve who becomes a member of the Selected Reserve shall not be denied eligibility to purchase insurance under this chapter upon becoming a member of the Selected Reserve unless the member previously declined to enroll in the program of insurance under this chapter while a member of the Selected Reserve.
Source credit: (Added Pub. L. 104–106, div. A, title V, § 512(a)(1), Feb. 10, 1996, 110 Stat. 300; amended Pub. L. 104–201, div. A, title V, § 542, Sept. 23, 1996, 110 Stat. 2521.)
- 1996Enacted · Pub. L. 104-106 · 110 Stat. 300
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2521
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-106 on 1996-02-10.
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