# TRICARE; Relationship Between the TRICARE Program and Employer-Sponsored Group Health Coverage
> **US Department of Defense** · Final rule. · Published 2010-04-09 · Effective 2010-06-18 · 75 FR 18051
## Document
- **Document number:** 2010-8162
- **Category:** personnel
- **Sub-agency:** US Department of Defense
- **Federal Register citation:** 75 FR 18051
- **CFR reference:** 32 CFR 199
- **Publication date:** 2010-04-09
- **Effective date:** 2010-06-18
- **DOD docket:** Docket ID: DoD-2007-HA-0078
## Abstract

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. Benefits offered through cafeteria plans that comport with section 125 of the Internal Revenue Code will be permissible as long as the plan treats all similarly situated employees eligible for benefits the same and does not illegally take TRICARE eligibility into account. TRICARE supplemental insurance plans, because they are limited to TRICARE beneficiaries exclusively, are generally impermissible. Properly documented non-employer contributed TRICARE supplemental plans, however, are allowed.

## Source
- [Federal Register document](https://www.federalregister.gov/documents/2010/04/09/2010-8162/tricare-relationship-between-the-tricare-program-and-employer-sponsored-group-health-coverage)
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