[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 401 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 401
To amend title 10, United States Code, to increase to parity with other
surviving spouses the basic annuity that is provided under the
uniformed services Survivor Benefit Plan for surviving spouses who are
at least 62 years of age; and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 13, 2003
Ms. Landrieu introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to increase to parity with other
surviving spouses the basic annuity that is provided under the
uniformed services Survivor Benefit Plan for surviving spouses who are
at least 62 years of age; and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``SBP Benefits Improvement Act of
2003''.
SEC. 2. FULL AMOUNT OF SURVIVOR BENEFITS FOR SURVIVING SPOUSES WHO ARE
62 YEARS OF AGE OR OVER.
(a) Phased Increased of Basic Annuity.--(1) Subsection (a)(1)(B)(i)
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 for the month. The percent
applicable for a month is 35 percent for months beginning on or before
the date of the enactment of the SBP Benefits Improvement Act of 2003,
40 percent for months beginning after such date and before October
2007, 45 percent for months beginning after September 2004, and 55
percent for months beginning after September 2013.''.
(2) Subsection (a)(2)(B)(i)(I) of such section is amended by
striking ``35 percent'' and inserting ``the percent specified under
paragraph (1)(B)(i) as being applicable for the month''.
(3) Subsection (c)(1)(B)(i) of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) 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 the month.''.
(4) The heading for subsection (d)(2)(A) of such section is amended
to read as follows: ``Computation of annuity.--''.
(b) Phased Elimination of Supplemental Annuity.--(1) 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 beginning on
or before the date of the enactment of the SBP Benefits
Improvement Act of 2003, 15 percent for months beginning after
that date and before October 2007, and 10 percent for months
beginning after September 2007.''.
(2) Effective on October 1, 2013, 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) Effective on the first day of
each month referred to 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) The requirements for recomputation of annuities under paragraph
(1) apply with respect to the following months:
(A) The first month that begins after the date of the
enactment of this Act.
(B) October 2007.
(C) October 2013.
(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.
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