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BULLSEYE Health and Wellness July 1, 2016 15
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By 99th Medical Group
Q. I am a military retiree (or military retiree spouse) who recently started a new job.
My new employer o ers a comprehensive employer sponsored health care plan. As a
military retiree, they are familiar with TRICARE, and have o ered me an additional
$3000 per year to opt out of their plan and use my TRICARE bene t, as well as pay
for a TRICARE supplement to cover me and my family’s cost share. is bene t is
only o ered to TRICARE eligible. Is this a lawful incentive?
A. No. Section 1097c of Title 10, USC , (section 707 of the John Warner National De-
fense Authorization Act, 2007, prohibits employers from o ering TRICARE eligible
employees, (as de ned in 10 U.S.C Section 1086) nancial or other incentives to use
TRICARE over a company’s Group Health Plan (GHP). is legislation applies to
any employer, including states and local governments, with 20 or more employees
and mirrors the same prohibition that currently applies to Medicare. is does not
a ect your eligibility for TRICARE, it only prohibits your employer from o ering
you an incentive to take TRICARE over the group health plan.
Send your questions to askthedoc@us.af.mil
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