H.R. 3763House108th Congress (2003-2005)In Committee

Military Survivor Benefits Improvement Act of 2004

Introduced February 4, 2004

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Armed Services.

February 4, 2004

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HouseIntro Referral

Introduced in House

February 4, 2004

HouseIntro Referral

Referred to the House Committee on Armed Services.

February 4, 2004

Floor Debate

23 members

What members said about H.R. 3763 on the floor

9 Republicans14 Democrats
Jim Nussle
Rep. Jim NussleR-IA-1 · Mar 24, 2004

Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I appreciate the chance to come before the body to debate yet again the budget for this next fiscal year. Before I start with…

Jim Nussle
Rep. Jim NussleR-IA-1 · Mar 25, 2004

Mr. Chairman, I yield myself such time as I may consume. Just to start off the debate, we are obviously very interested in hearing what the Congressional Black Caucus has to offer. While we may…

John M. Spratt, Jr.
Rep. John M. Spratt, Jr.D-SC-5 · Mar 24, 2004

Mr. Chairman, I yield myself 14 minutes. Mr. Chairman, let me address the last remark made by my good friend, the Majority Leader, the gentleman from Texas (Mr. DeLay), by saying that the budget…

Charles W. Stenholm
Rep. Charles W. StenholmD-TX-17 · Mar 25, 2004

Mr. Chairman, as the designee of the gentleman from Indiana (Mr. Hill), I offer an amendment in the nature of a substitute. Mr. Chairman, I yield myself such time as I may consume. The Blue Dog…

Gene Green
Rep. Gene GreenD-TX-29 · Mar 24, 2004

Mr. Chairman, I place into the Record a statement concerning the majority's defense budget and also an article from The Washington Post that discusses the lack of armor for our troops in Iraq. Mr.…

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Roger F. Wicker
Rep. Roger F. WickerR-MS-1 · Mar 24, 2004

Mr. Chairman, I thank the gentleman from Iowa (Chairman Nussle) for yielding me the time. As the gentleman from Iowa (Mr. Nussle) noted in his statement, America's continued greatness comes from the…

Rob Portman
Rep. Rob PortmanR-OH-2 · Mar 24, 2004

Mr. Chairman, I appreciate my colleague yielding me time. I would like to talk about that second pillar of our budget which is growth of the economy. Let me briefly address the comments from my…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Apr 11, 2003

Madam President, I rise today to offer the following section-by-section analysis of Title IX of the ``Sarbanes-Oxley Act of 2002,'' P.L. 107-204, of which I was the primary author along with my good…

James P. Moran
Rep. James P. MoranD-VA-8 · Mar 24, 2004

Mr. Chairman, I yield myself such time as I may consume, and I thank my colleague, friend, and leader on the Committee on the Budget for yielding me the time. We are going to focus on homeland…

Elijah E. Cummings
Rep. Elijah E. CummingsD-MD-7 · Mar 25, 2004

Mr. Chairman, as the designee of the gentleman from Virginia (Mr. Scott) and pursuant to the rule, I offer an amendment in the nature of a substitute. The Chairman pro tempore. The Clerk will…

Jeb Hensarling
Rep. Jeb HensarlingR-TX-5 · Mar 25, 2004

Mr. Chairman, I offer an amendment in the nature of a substitute. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, first I want to congratulate the gentleman from Iowa (Mr.…

Chet Edwards
Rep. Chet EdwardsD-TX-11 · Mar 24, 2004

Mr. Chairman, I yield 3 minutes to the gentleman from Missouri (Mr. Skelton), the ranking member of the Committee on Armed Services. Mr. Chairman, I yield 4 minutes to the gentleman from Wisconsin…

Robert C. "Bobby" Scott
Rep. Robert C. "Bobby" ScottD-VA-3 · Mar 25, 2004

I thank the gentleman for yielding me this time. Mr. Chairman, the Congressional Black Caucus alternative budget is committed to making America more secure by investing in our homeland security,…

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Mac Thornberry
Rep. Mac ThornberryR-TX-13 · Mar 24, 2004

Mr. Chairman, I thank my chairman of the Committee on the Budget for yielding me this time. Mr. Chairman, the first priority of the Federal Government is to defend the country, and there is no…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Mar 24, 2004

Mr. Chairman, yesterday on this House floor, the Republican majority leader, the gentleman from Texas, remarked that this budget debate frames the Democratic and Republican Parties' competing visions…

Carolyn C. Kilpatrick
Rep. Carolyn C. KilpatrickD-MI-13 · Mar 25, 2004

Mr. Chairman, I rise in opposition to this resolution and in support of the Democratic and Congressional Black Caucus alternatives. You would think that after 3 years of Bush budgets and Bush tax…

Tom DeLay
Rep. Tom DeLayR-TX-22 · Mar 24, 2004

Mr. Chairman, I thank the chairman of the Committee on the Budget for yielding me time. Mr. Chairman, I just want to associate myself with the eloquent speech that the chairman of the Committee on…

Danny K. Davis
Rep. Danny K. DavisD-IL-7 · Mar 25, 2004

Mr. Chairman, I want to thank the chairman for yielding me this time. And I also want to commend the Congressional Black Caucus for putting together this budget, a budget which recognizes that…

Edward L. Schrock
Rep. Edward L. SchrockR-VA-2 · Mar 24, 2004

Mr. Chairman, let me set the record straight. I heard the gentleman from Virginia a few minutes ago who said he represented the port of Hampton Roads. Until that time, I thought I did, and my…

Jim Turner
Rep. Jim TurnerD-TX-2 · Mar 25, 2004

Mr. Chairman, I thank the gentleman for yielding me this time. I think it is pretty clear that when you look at the Blue Dog budget and compare it to the Republican budget, the Blue Dog budget moves…

David R. Obey
Rep. David R. ObeyD-WI-7 · Mar 24, 2004

Mr. Chairman, I thank the gentleman for yielding me time. Mr. Chairman if this resolution is fiscally responsible, then the town drunk ought to be named the permanent president of the temperance…

Mario Diaz-Balart
Rep. Mario Diaz-BalartR-FL-25 · Mar 24, 2004

Mr. Chairman, I want to thank the gentleman from Georgia (Mr. Lewis) for not yelling. The chairman of the Committee on the Budget asked a few minutes ago why our Democratic colleagues keep yelling,…

Christopher Shays
Rep. Christopher ShaysR-CT-4 · Mar 24, 2004

Mr. Chairman, I thank the gentleman for yielding me this time. We heard from the Democratic presentation more spending and more taxes. Once again, our budget is based on three key principles,…

Jim Cooper
Rep. Jim CooperD-TN-5 · Mar 24, 2004

Mr. Chairman, I thank the gentleman from Georgia (Mr. Lewis) for yielding me time. Do not take my word for it. Listen to some of the most distinguished advocacy groups in this country, one, the…

Bill Text

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Introduced in HouseIssued February 4, 2004

I

108th CONGRESS

2d Session

H. R. 3763

IN THE HOUSE OF REPRESENTATIVES

February 4, 2004

Mr. Miller of Florida (for himself, Mr. Bilirakis, Mr. Turner of Ohio, Mr. Snyder, Mr. Rodriguez, Mr. Bachus, Mr. Berry, Mr. DeFazio, Mr. Holden, Mr. Isakson, Ms. Kilpatrick, Mr. Bartlett of Maryland, Mr. Acevedo-Vilá, Mr. Hinchey, Mr. Lampson, Mr. Bishop of Georgia, Mr. Wilson of South Carolina, Mr. Boyd, Mr. Quinn, Mrs. McCarthy of New York, Mr. Evans, Mr. Mica, Mr. King of Iowa, Mr. McGovern, Mr. LaHood, Mr. Simmons, Mr. Vitter, Mr. Grijalva, Mr. Edwards, Ms. Ginny Brown-Waite of Florida, Mr. Ruppersberger, Mr. Fattah, Mr. Scott of Georgia, Mr. Smith of New Jersey, Mr. Foley, Mr. Van Hollen, Mr. Crane, Mr. Goss, Mr. LaTourette, Mr. Paul, Mr. Neal of Massachusetts, Mr. Baker, Mr. Duncan, Mr. Istook, Mr. Jones of North Carolina, Mr. Brown of South Carolina, Mr. Norwood, Mr. Schrock, Mr. Franks of Arizona, Mr. Allen, Mr. Collins, Mr. Lincoln Diaz-Balart of Florida, Mr. Goode, Mr. Murtha, Mr. Matheson, Mr. Michaud, Mr. Strickland, Mr. McIntyre, Mr. Reyes, Mr. Filner, Mr. Meeks of New York, Mr. Pearce, Ms. Hart, Mr. Putnam, Mr. Ney, Mr. Forbes, Mr. King of New York, Mrs. Myrick, Mr. Burgess, Mr. Hayes, Mr. Calvert, Mrs. Jo Ann Davis of Virginia, Mr. Cooper, Mr. Ballance, Mr. Ford, Mr. Rogers of Michigan, Mr. Smith of Washington, Mr. Frost, Mr. Jenkins, Mr. Gutierrez, Mr. Taylor of Mississippi, Mr. Turner of Texas, Mr. Pallone, Mr. Meehan, Mr. Sandlin, Mr. Gillmor, Mr. Sanders, Mr. Menendez, Mr. Wicker, Mr. Owens, Mr. Alexander, Ms. Bordallo, Ms. Hooley of Oregon, Mr. Burton of Indiana, Mr. Whitfield, Mr. English, Mr. Burr, Mr. Brown of Ohio, Mr. Miller of North Carolina, Ms. DeLauro, Mr. Cunningham, Mr. Crowley, Mr. Keller, Mr. Hoeffel, Mr. Gibbons, Mr. Sherman, Mr. Kucinich, Mr. Spratt, Mr. Thompson of California, Mr. Stenholm, Mr. Kennedy of Rhode Island, Mr. Otter, Ms. Harman, Mrs. Musgrave, Mr. John, Mr. Moore, Mr. Peterson of Minnesota, Mr. Lynch, Ms. Norton, Mr. Israel, Mr. Markey, Mr. Kildee, Mr. Udall of New Mexico, Mr. Bishop of New York, Mr. Meek of Florida, Mr. Johnson of Illinois, Mrs. Napolitano, Mr. Ross, Mr. Ortiz, Mr. Kind, Ms. Lee, Mr. Bonner, Mr. Terry, Mr. McInnis, Mr. Udall of Colorado, Mrs. Blackburn, Mr. Engel, Mr. Olver, Ms. Majette, Mr. Hostettler, Mr. Dicks, Mr. McDermott, Ms. Corrine Brown of Florida, Mr. Hastings of Florida, Mr. Pickering, Ms. Millender-McDonald, Mr. Boswell, Mrs. Bono, Mr. Moran of Virginia, Mr. Jefferson, Ms. Waters, Mr. Murphy, Mr. Andrews, Ms. Carson of Indiana, Mr. Cardoza, Mr. Rothman, Mr. Boucher, Mr. Langevin, Mr. Deutsch, Mr. Tanner, Mr. Larson of Connecticut, Mr. Cramer, Ms. Jackson-Lee of Texas, Mr. Boozman, Mr. Weldon of Pennsylvania, Mr. Baird, Mr. LoBiondo, Ms. Berkley, Mr. Souder, Mrs. Miller of Michigan, Mr. Lewis of Georgia, Mr. Porter, Mr. Honda, Mr. Gerlach, Mr. Costello, Mr. Kirk, Mr. Doyle, Mrs. Capito, Mr. Manzullo, Mrs. Davis of California, Mr. Bradley of New Hampshire, Mr. Larsen of Washington, Mrs. Lowey, Mr. Berman, Mr. Lipinski, Mr. Rogers of Alabama, Mr. Tiberi, Mr. Conyers, Mr. Peterson of Pennsylvania, Mr. Oberstar, Mr. Hayworth, Ms. Slaughter, Mr. Serrano, Mr. Jackson of Illinois, Mr. Doggett, Mr. Barrett of South Carolina, Mr. Towns, Mr. Clyburn, Mr. Everett, Mr. Ryan of Ohio, Mr. Gallegly, Ms. Woolsey, Mr. Hall, Mr. Sessions, Mr. McCotter, Mr. Bell, Mr. DeMint, Mr. Kanjorski, Mr. Case, Mr. Shuster, Mr. Ose, Mr. Kingston, Mr. George Miller of California, Mr. Davis of Tennessee, Mr. Inslee, Mr. Neugebauer, Mr. Baca, Mr. Marshall, Mr. Saxton, Mrs. Capps, Mr. Delahunt, Mr. Weiner, Mr. Royce, Mr. Shaw, Mr. Schiff, Mr. Stupak, Mr. Green of Wisconsin, and Mr. Sullivan) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to increase the minimum Survivor Benefit Plan basic annuity for surviving spouses age 62 and older, to provide for a one-year open season under that plan, and for other purposes.

1.

Short title

This Act may be cited as the &short-title1;.

2.

Computation of benefits under Survivor Benefit Plan for surviving spouses over age 62

(a)

Phased increase in basic annuity

(1)

Standard annuity

(A)

Increase to 55 percent

Clause (i) of subsection (a)(1)(B) of section 1451 of title 10, United States Code, is amended by striking 35 percent of the base amount. and inserting

the product of the base amount and the percent applicable to the month, as follows:

(I)

For a month before October 2005, the applicable percent is 35 percent.

(II)

For months after September 2005 and before October 2008, the applicable percent is 40 percent.

(III)

For months after September 2008 and before October 2014, the applicable percent is 45 percent.

(IV)

For months after September 2014, the applicable percent is 55 percent.

.

(B)

Coordination with savings provision under prior law

Clause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,.

(2)

Reserve-component annuity

Subsection (a)(2)(B)(i)(I) of such section is amended by striking 35 percent and inserting the percent specified under subsection (a)(1)(B)(i) as being applicable for the month.

(3)

Survivors of eligible persons dying on active duty, etc

(A)

Increase to 55 percent

Clause (i) of subsection (c)(1)(B) of such section is amended—

(i)

by striking 35 percent and inserting the applicable percent; and

(ii)

by adding at the end the following: The percent applicable for a month under the preceding sentence is the percent specified under subsection (a)(1)(B)(i) as being applicable for that month..

(B)

Coordination with savings provision under prior law

Clause (ii) of such subsection is amended by striking , at the time the beneficiary becomes entitled to the annuity,.

(4)

Clerical amendment

The heading for subsection (d)(2)(A) of such section is amended to read as follows: Computation of annuity.—.

(b)

Corresponding phased elimination of supplemental annuity

(1)

Phased reduction of supplemental annuity

Section 1457(b) of title 10, United States Code, is amended—

(A)

by striking 5, 10, 15, or 20 percent and inserting the applicable percent; and

(B)

by inserting after the first sentence the following: The percent used for the computation shall be an even multiple of 5 percent and, whatever the percent specified in the election, may not exceed 20 percent for months before October 2005, 15 percent for months during fiscal years 2006, 2007, and 2008, and 10 percent for months during fiscal years 2009 through 2014..

(2)

Repeal upon implementation of 55 percent sbp annuity

Effective on October 1, 2014, chapter 73 of such title is amended—

(A)

by striking subchapter III; and

(B)

by striking the item relating to subchapter III in the table of subchapters at the beginning of that chapter.

(c)

Recomputation of annuities

(1)

Periodic recomputation required

Effective on the first day of each month specified in paragraph (2)—

(A)

each annuity under section 1450 of title 10, United States Code, that commenced before that month, is computed under a provision of section 1451 of that title amended by subsection (a), and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that provision, as so amended, had been used for the initial computation of the annuity; and

(B)

each supplemental survivor annuity under section 1457 of such title that commenced before that month and is payable for that month shall be recomputed so as to be equal to the amount that would be in effect if the percent applicable for that month under that section, as amended by this section, had been used for the initial computation of the supplemental survivor annuity.

(2)

Time for recomputation

The requirement under paragraph (1) for recomputation of certain annuities applies with respect to the following months:

(A)

October 2005.

(B)

October 2008.

(C)

October 2014.

(d)

Recomputation of retired pay reductions for supplemental survivor annuities

The Secretary of Defense shall take such actions as are necessitated by the amendments made by subsection (b) and the requirements of subsection (c)(1)(B) to ensure that the reductions in retired pay under section 1460 of title 10, United States Code, are adjusted to achieve the objectives set forth in subsection (b) of that section.

3.

Open enrollment period for Survivor Benefit Plan commencing October 1, 2005

(a)

Persons not currently participating in Survivor Benefit Plan

(1)

Election of sbp coverage

An eligible retired or former member may elect to participate in the Survivor Benefit Plan under subchapter II of chapter 73 of title 10, United States Code, during the open enrollment period specified in subsection (f).

(2)

Election of supplemental annuity coverage

An eligible retired or former member who elects under paragraph (1) to participate in the Survivor Benefit Plan at the maximum level may also elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code.

(3)

Eligible retired or former member

For purposes of paragraphs (1) and (2), an eligible retired or former member is a member or former member of the uniformed services who on the day before the first day of the open enrollment period is not a participant in the Survivor Benefit Plan and—

(A)

is entitled to retired pay; or

(B)

would be entitled to retired pay under chapter 1223 of title 10, United States Code, but for the fact that such member or former member is under 60 years of age.

(4)

Status under sbp of persons making elections

(A)

Standard annuity

A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(A) shall be treated for all purposes as providing a standard annuity under the Survivor Benefit Plan.

(B)

Reserve-component annuity

A person making an election under paragraph (1) by reason of eligibility under paragraph (3)(B) shall be treated for all purposes as providing a reserve-component annuity under the Survivor Benefit Plan.

(b)

Election to increase coverage under SBP

A person who on the day before the first day of the open enrollment period is a participant in the Survivor Benefit Plan but is not participating at the maximum base amount or is providing coverage under the Plan for a dependent child and not for the person’s spouse or former spouse may, during the open enrollment period, elect to—

(1)

participate in the Plan at a higher base amount (not in excess of the participant’s retired pay); or

(2)

provide annuity coverage under the Plan for the person’s spouse or former spouse at a base amount not less than the base amount provided for the dependent child.

(c)

Election for current SBP participants to participate in supplemental SBP

(1)

Election

A person who is eligible to make an election under this paragraph may elect during the open enrollment period to participate in the Supplemental Survivor Benefit Plan established under subchapter III of chapter 73 of title 10, United States Code.

(2)

Persons eligible

Except as provided in paragraph (3), a person is eligible to make an election under paragraph (1) if on the day before the first day of the open enrollment period the person is a participant in the Survivor Benefit Plan at the maximum level, or during the open enrollment period the person increases the level of such participation to the maximum level under subsection (b) of this section, and under that Plan is providing annuity coverage for the person’s spouse or a former spouse.

(3)

Limitation on eligibility for certain sbp participants not affected by two-tier annuity Computation

A person is not eligible to make an election under paragraph (1) if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of title 10, United States Code. However, such a person may during the open enrollment period waive the right to have that annuity computed under such section. Any such election is irrevocable. A person making such a waiver may make an election under paragraph (1) as in the case of any other participant in the Survivor Benefit Plan.

(d)

Manner of making elections

An election under this section must be made in writing, signed by the person making the election, and received by the Secretary concerned before the end of the open enrollment period. Any such election shall be made subject to the same conditions, and with the same opportunities for designation of beneficiaries and specification of base amount, that apply under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be. A person making an election under subsection (a) to provide a reserve-component annuity shall make a designation described in section 1448(e) of title 10, United States Code.

(e)

Effective date for elections

Any such election shall be effective as of the first day of the first calendar month following the month in which the election is received by the Secretary concerned.

(f)

Open enrollment period defined

The open enrollment period is the one-year period beginning on October 1, 2005.

(g)

Effect of death of person making election within two years of making election

If a person making an election under this section dies before the end of the two-year period beginning on the effective date of the election, the election is void and the amount of any reduction in retired pay of the person that is attributable to the election shall be paid in a lump sum to the person who would have been the deceased person’s beneficiary under the voided election if the deceased person had died after the end of such two-year period.

(h)

Applicability of certain provisions of law

The provisions of sections 1449, 1453, and 1454 of title 10, United States Code, are applicable to a person making an election, and to an election, under this section in the same manner as if the election were made under the Survivor Benefit Plan or the Supplemental Survivor Benefit Plan, as the case may be.

(i)

Additional premium

The Secretary of Defense may require that the premium for a person making an election under subsection (a)(1) or (b) include, in addition to the amount required under section 1452(a) of title 10, United States Code, an amount determined under regulations prescribed by the Secretary of Defense for the purposes of this subsection. Any such amount shall be stated as a percentage of the base amount of the person making the election and shall reflect the number of years that have elapsed since the person retired, but may not exceed 4.5 percent of that person’s base amount.

(j)

Report concerning open season

Not later than July 1, 2005, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the open season authorized by this section for the Survivor Benefit Plan. The report shall include the following:

(1)

A description of the Secretary’s plans for implementation of the open season.

(2)

The Secretary’s estimates of the costs associated with the open season, including any anticipated effect of the open season on the actuarial status of the Department of Defense Military Retirement Fund.

(3)

Any recommendation by the Secretary for further legislative action.