S.Amdt. 1598

1. Rewrites the text S.Amdt. 762 would insert

   Rewrites S.Amdt. 762In place of the text S.Amdt. 762 would insert

   In S.Amdt. 762 as proposed

   [struck: SEC. 642][inserted: SECTION __]. [struck: REPEAL OF ][inserted: REQUIREMENT FOR DETERMINATION BY VETERANS' DISABILITY BENEFITS COMMISSION REGARDING ]REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION[inserted: BEFORE CHANGES TO THOSE BENEFITS MAY BE IMPLEMENTED].

   Struck: (a) Repeal.--Subchapter II of chapter 73 of title 10, United States Code is amended--

   Struck: (1) in section 1450(c)(1), by inserting after "to whom section 1448 of this title applies" the following: "(except in the case of a death as described in subsection (d) or (f) of such section)"; and

   Struck: (2) in section 1451(c)--

   Struck: (A) by striking paragraph (2); and

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   Struck: (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

   Struck: (4) as paragraphs (2) and (3), respectively.

   Struck: (b) Prohibition on retroactive benefits.--No benefits may be paid to any person for any period before the effective date provided under subsection (e) by reason of the amendments made by subsection (a).

   Struck: (c) Prohibition on recoupment of certain amounts previously refunded to SBP recipients.--A surviving spouse who is or has been in receipt of an annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, that is in effect before the effective date provided under subsection (e) and that is adjusted by reason of the amendments made by subsection (a) and who has received a refund of retired pay under section 1450(e) of title 10, United States Code, shall not be required to repay such refund to the United States.

   Struck: (d) Reconsideration of optional annuity.--Section 1448(d)(2) of title 10, United States Code, is amended by adding at the end the following new sentences: "The surviving spouse, however, may elect to terminate an annuity under this subparagraph in accordance with regulations prescribed by the Secretary concerned. Upon such an election, payment of an annuity to dependent children under this subparagraph shall terminate effective on the first day of the first month that begins after the date on which the Secretary concerned receives notice of the election, and, beginning on that day, an annuity shall be paid to the surviving spouse under paragraph (1) instead.".

   Struck: (e) Effective date.--The amendments made by this section shall take effect on the later of--

   Struck: (1) the first day of the first month that begins after the date of the enactment of this Act; or

   Struck: (2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted.

   Struck: SEC. 643. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.

   Struck: Section 1452(j) of title 10, United States Code, is amended by striking "October 1, 2008" and inserting "October 1, 2005".

   Inserted: (a) Finding.--Congress finds that the Veterans' Disability Benefits Commission (in this section referred to as the "Commission") established by section 1501 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1676; 38 U.S.C. 1101 note) is currently performing a comprehensive review and study of the benefits provided under the laws of the United States to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service, and that the Commission should be required to make findings and submit recommendations regarding the integration of benefits under the Survivor Benefit Plan and Dependency and Indemnity Compensation prior to changes in the laws controlling those benefits are implemented.

   Inserted: (b) Further Findings.--Congress makes the following further findings:

   Inserted: (1) Significant changes have been enacted since 2003 in the laws affecting veterans, retiree, and survivor benefits, including--

   Inserted: (A) phased elimination of the bar on military retirees concurrently receiving military retired pay and veterans' disability;

   Inserted: (B) phased elimination of the reduction in Survivor Benefit Plan benefits when beneficiaries reach age 62;

   Inserted: (C) provision of Survivor Benefit Plan coverage at no cost to all military members serving on active duty;

   Inserted: (D) an increase in the death gratuity to $100,000; and

   Inserted: (E) an increase in the maximum available benefit under Servicemembers' Group Life Insurance to $400,000.

   Inserted: (2) In carrying out its study, the Commission is required to examine and make recommendations concerning the appropriateness of veterans' benefits under the laws in effect on November 24, 2003, and the level of such benefits.

   Inserted: (3) The study to be carried out by the Commission, under its legislative charter, must be a comprehensive evaluation and assessment of the benefits provided under the laws of the United States to compensate veterans and their survivors for disability or death attributable to military service together with any related issues that the commission determines are relevant to the purposes of the study.

   Inserted: (4) Not later than 15 months after the date on which the Commission first met on May 8, 2005, the Commission is required to submit to the President and Congress a report on the study that shall include the findings and conclusions of the Commission and recommendations of the commission for revising the benefits provided by the United States to veterans and their survivors for disability and death attributable to military service.

   Inserted: (c) Additional Matter for Commission Study.--Section 1501(c) of the National Defense Authorization Act for Fiscal Year 2004 (117 Stat. 1678; 38 U.S.C. 1101 note) is amended by adding at the end the following new paragraph:

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   Inserted: "(4) The laws and regulations for determining eligibility for dependency and indemnity compensation under chapter 13 of title 38, United States Code, and for benefits under the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code.".

   Original wording

   In lieu of the matter proposed to be inserted, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed