I
111th CONGRESS
1st Session
H. R. 775
IN THE HOUSE OF REPRESENTATIVES
January 28, 2009
Mr. Ortiz (for himself, Mr. Wilson of South Carolina, Ms. Bordallo, Mr. Edwards of Texas, Mr. Brown of South Carolina, Mr. Jones, Ms. Berkley, Mr. Holt, Ms. Corrine Brown of Florida, Mr. Moran of Virginia, Mr. Kennedy, Mr. Hinojosa, Mr. Smith of Washington, Mr. Pastor of Arizona, Mr. Honda, Mr. Reyes, Mr. Larsen of Washington, Mr. Rogers of Alabama, Mr. Boucher, Ms. Kaptur, Mr. Rohrabacher, Mr. Calvert, Mr. Gallegly, Mr. Bachus, Mr. Filner, Mr. Walz, Mr. Rodriguez, Mr. Gonzalez, Mr. Carney, Mr. Patrick J. Murphy of Pennsylvania, Mr. Taylor, Mr. Marshall, Ms. Ros-Lehtinen, Mrs. Maloney, Mr. Young of Alaska, Ms. Woolsey, Mrs. McMorris Rodgers, Mr. Bartlett, Mr. Wolf, Mr. Sestak, Mr. Smith of New Jersey, Mr. Courtney, Mr. Boozman, Mr. Connolly of Virginia, Mr. Loebsack, Mr. Boswell, Ms. Shea-Porter, Mrs. Tauscher, Mr. Wittman, Mr. Buchanan, Mr. Perriello, Mr. Cohen, Mr. Brady of Pennsylvania, Mr. Waxman, Mr. Holden, Ms. Roybal-Allard, Mr. Moore of Kansas, Mr. Berman, Mr. Hinchey, Mr. Israel, Mr. Nunes, Mr. Gohmert, Mr. Wilson of Ohio, Mr. Grijalva, Mr. Carter, Mr. Johnson of Georgia, Mr. Klein of Florida, Mr. McNerney, Mr. Nye, Mr. Kagen, Ms. Kilpatrick of Michigan, Mr. McIntyre, Mr. Miller of Florida, Mr. Langevin, Ms. Schwartz, Mrs. Blackburn, Mr. Kildee, Mr. Wu, Mr. Massa, Mr. Platts, Mr. Kingston, Ms. Norton, Mr. Scott of Virginia, Ms. Foxx, Mr. Scalise, Ms. DeLauro, Mr. Cummings, Ms. Eddie Bernice Johnson of Texas, Mr. Tim Murphy of Pennsylvania, Mr. Gene Green of Texas, Mr. Murphy of Connecticut, Mr. Rooney, Mr. Bright, Mr. Conaway, Mr. Putnam, Mr. LaTourette, Mr. Faleomavaega, Mr. Braley of Iowa, and Mr. Michaud) introduced the following bill; which was referred to the Committee on Armed Services
A BILL
To repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan to offset the receipt of veterans dependency and indemnity compensation.
Short title
This Act may be cited as the
Military Surviving Spouses Equity
Act
.
Repeal of requirement of reduction of SBP survivor annuities by dependency and indemnity compensation
Repeal
Repeal
Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:
In section 1450, by striking subsection (c).
In section 1451(c)—
by striking paragraph (2); and
by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.
Conforming amendments
Such subchapter is further amended as follows:
In section 1450—
by striking subsection (e); and
by striking subsection (k).
In section 1451(g)(1), by striking subparagraph (C).
In section 1452—
in
subsection (f)(2), by striking does not apply—
and all that
follows and inserting does not apply in the case of a deduction made
through administrative error.
; and
by striking subsection (g).
In section
1455(c), by striking , 1450(k)(2),
.
Prohibition on Retroactive Benefits
No benefits may be paid to any person for any period before the effective date provided under subsection (f) 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 (f) 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.
Repeal of authority for optional annuity for dependent children
Section 1448(d)(2) of such title is amended—
by striking
Dependent
children.—
and all that follows through In the
case of a member described in paragraph (1),
and inserting
Dependent
children.—In the case of a member described in paragraph
(1),
; and
by striking subparagraph (B).
Restoration of eligibility for previously eligible spouses
The Secretary of the military department concerned shall restore annuity eligibility to any eligible surviving spouse who, in consultation with the Secretary, previously elected to transfer payment of such annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on the day before the effective date provided under subsection (f). Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. For the purposes of this subsection, an eligible spouse includes a spouse who was previously eligible for payment of such annuity and is not remarried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.
Effective Date
The sections and 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.