Section 707 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 added
Section 1097c to Title 10. Section 1097c prohibits employers from
offering financial or other incentives to certain TRICARE-eligible
employees to not enroll in an employer-offered group-health plan.
In other words, employers may no longer offer TRICARE supplemental
insurance plans as part of an employee benefit package. Employers
may, however, offer TRICARE supplemental insurance plans as part of
an employee benefit package provided the plan is not paid for in
whole or in part by the employer (i.e., is non-contributory) and is
not endorsed by the employer. When such non-contributory TRICARE
supplemental plans are offered, the employer must properly document
that they did not provide any payment for the benefit nor receive
any direct or indirect consideration or compensation for offering
the benefit; the employers only involvement is providing the
administrative support. The employer will provide the certification
document to the Department of Defense upon request. The
certification document will be used to verify regulatory
compliance.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.