Civilian Employer Insurance And/or Tricare?

[midshipmanx]

I stopped reading there due to the following.

This final rule implements section 1097c of Title 10, United States Code, as added by section 707 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law 109-364. This law prohibits employers from offering incentives to TRICARE-eligible employees to not enroll or to terminate enrollment in an employer-offered Group Health Plan (GHP) that is or would be primary to TRICARE.

Perhaps you should consider reading more.

The Federal Register/Vol 75, No. 68/Friday April 9, 2010/Rules and Regulations page 18052 discusses this specific regulation (which is found in 32 CFR Part 199) has the following response to Public Comments from someone who was excluded from incentives offered because of her Tricare eligibility because she was a military spouse.

"...both the statute and this regulation expressly define a TRICARE-eligible employee as a person who is eligible for TRICARE coverage under 10 U.S.C. 1086. This essentially applies to retirees and their family members and does not include dependents of active duty personnel"

Tricare Reserve Select is also NOT a part of 10 U.S.C. 1086. It is enacted under 10 U.S.C. 1076d. It is a premium based health coverage offered under a completely separate section of the law.