II
109th CONGRESS
1st Session
S. 185
IN THE SENATE OF THE UNITED STATES
January 26, 2005
Mr. Nelson of Florida (for himself, Mr. Corzine, Mr. Hagel, Mr. Durbin, and Mr. Dayton) 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 repeal the requirement for the reduction of certain Survivor Benefit Plan annuities by the amount of dependency and indemnity compensation and to modify the effective date for paid-up coverage under the Survivor Benefit Plan.
Short title
This Act may be cited as the
Military Retiree Survivor Benefit
Equity Act of 2005
.
Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation
Repeal
Subchapter II of chapter 73 of title 10, United States Code is amended—
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
in section 1451(c)—
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
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).
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.
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.
.
Effective date
The amendments made by this section shall take effect on the later of—
the first day of the first month that begins after the date of the enactment of this Act; or
the first day of the fiscal year that begins in the calendar year in which this Act is enacted.
Effective date for paid-up coverage under Survivor Benefit Plan
Section 1452(j) of title 10, United States
Code, is amended by striking October 1, 2008
and inserting
October 1, 2005
.