S.Amdt. 3882

SA 3882. Mr. PORTMAN (for himself and Ms. Warren) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title VI, add the following:

[[Page S7377]]

SEC. 607. FORGIVENESS OR OFFSET OF OVERPAYMENT OF RETIRED PAY
PAID TO A JOINT ACCOUNT FOR A PERIOD AFTER THE
DEATH OF THE RETIRED MEMBER OF THE ARMED
FORCES.

(a) When Payment Deposited to Joint Account.--Section 2771
of title 10, United States Code, is amended by adding at the
end the following new subsection:
``(e) In the case of overpayment of retired or retainer
pay, arising from payment of such retired or retainer pay for
any period after the date of the death of a recipient through
the last day of the month in which such death occurs, if such
payment is electronically deposited in an accredited
financial institution to a joint account bearing the name of
the decedent and another individual who is the decedent's
designated beneficiary under subsection (a)(1), the Secretary
of Defense--
``(1) if the decedent is an individual to whom section 1448
of this title applies, shall elect to--
``(A) forgive the overpayment on behalf of the United
States; or
``(B) offset the overpayment pursuant to section 1450(n) of
this title; or
``(2) if the decedent is not an individual to whom section
1448 of this title applies, shall forgive the overpayment on
behalf of the United States.''.
(b) Coordination With Survivor Benefit Plan.--Section 1450
of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``, or that applies
under subsection (n)'' after ``under subsection (j)''; and
(2) by adding at the end the following new subsection:
``(n) Special Rule in Case of Certain Final Retired Pay
Overpayment.--In a case described in section 2771(e) of this
title, if the individual described in that subsection other
than the decedent is the beneficiary of the decedent under
the Plan, each of the first 12 payments, following the death
of the decedent, of the annuity payable to the decedent's
beneficiary under the Plan, shall be reduced by one-twelfth
of such overpayment.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to payments made to persons who die
on or after the date of the enactment of this Act.
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