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Glossary

Late Enrollment Penalty (Part B and Part D)

A permanent monthly surcharge added to your Part B (10% per 12 months delayed) or Part D (1% per month delayed) premium for as long as you have Medicare.

Also known as: LEP, Part B penalty, Part D penalty, Medicare LEP

Quick answer

If you don't sign up for Part B when you're first eligible and don't qualify for a Special Enrollment Period, Medicare adds 10% to your Part B premium for every full 12-month period you went without it — permanently. The Part D penalty is similar: 1% of the national base beneficiary premium for every month you went without creditable drug coverage.

Why it matters

The penalty compounds across years and never goes away. A retiree who delayed Part B by 4 years owes a 40% surcharge on the Part B premium for life. Worse — they had no TFL during those 4 years, since TFL requires Part B.

Why this matters at age 65

Most retired-military late penalties trace to one mistake: skipping Part B at 65 because of TRICARE or VA. Neither qualifies as creditable employer coverage. The result is permanent penalty + loss of TFL. The penalty is calculated from the end of your IEP, NOT from when you stop using TRICARE.

When you'll encounter it

Assessed automatically by Social Security when you finally enroll during a General Enrollment Period (or late SEP). It appears on your first Medicare premium notice and continues forever.

Impact on Medicare

Permanently increases your monthly Part B (and/or Part D) premium. The penalty is added to whatever the standard premium is each year, so it grows with the premium.

Impact on TRICARE For Life

If you delayed Part B, TFL was terminated during the entire delay period. Once you enroll, TFL resumes — but the penalty stays on your Part B premium forever, and Medicare does not reimburse any civilian medical bills you incurred during the gap.

Impact on Medicare Advantage

Joining an MA plan does not remove or reduce the penalty. The penalty rides along with the Part B premium and applies regardless of how you receive your Medicare benefits.

VA Healthcare considerations

VA Healthcare is not creditable coverage for Part B penalty purposes — using VA exclusively past 65 will not protect you. VA care IS creditable coverage for Part D, so VA enrollees do not owe a Part D penalty.

Common misconceptions

  • "The penalty falls off after a few years."It is permanent — calculated from the end of your IEP and assessed for life.
  • "TRICARE protects me from the Part B penalty."It does not. TRICARE is not creditable employer coverage for Medicare.
  • "I can appeal away the penalty."Only in narrow cases — bad advice from a federal employee, natural disasters, or specific equitable-relief situations. 'Nobody told me' is not a valid appeal.

Common mistakes to avoid

  • Believing TRICARE counts as creditable coverage (it does not for Part B SEP).
  • Counting partial years toward the penalty calculation — Medicare uses FULL 12-month periods, so 13 months late = 10%, 25 months = 20%.
  • Not enrolling in Part D when needed and assuming TRICARE Pharmacy alone protects against a Part D penalty (it does — TRICARE pharmacy is creditable — but ONLY if you keep the creditable coverage letter on file).

Real-world scenario: A retired Army lieutenant colonel skips Part B at 65 'because I'll just use the VA.' Four years later he is in a car accident outside a VA service area and needs civilian surgery.

Civilian bills are not covered (no TFL, no Part B). He enrolls during GEP. Part B premium = standard $202.90 + 40% penalty = about $284/month FOR LIFE. Lifetime penalty cost over a 25-year retirement: roughly $24,000 — not counting the surgical bills.

What should I do?

  • 1If you've already received a penalty notice, request the calculation in writing from SSA and verify the count of full 12-month periods.
  • 2If you received clearly incorrect written advice from a federal employee, file SSA equitable-relief paperwork — it's narrow but real.
  • 3Keep every TRICARE 'Creditable Coverage Notice' (mailed annually by Express Scripts) in case Part D penalty calculations come up later.
  • 4If you haven't yet missed enrollment, treat your IEP as a hard deadline — even one month of unnecessary delay is the start of a permanent surcharge.

Questions people commonly ask

  • Is the Part B penalty ever waived?
  • Does TRICARE pharmacy protect against Part D penalty?
  • How is the penalty calculated?
  • Can I appeal the penalty if I got bad advice?

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Related Official Resources

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Last reviewed January 2026 against the 2026 Medicare & You and TRICARE For Life handbooks.