H.R. 463 – Military Retiree Survivor Comfort Act

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Updated April 14, 2026 at 12:23 AM UTC

The Military Retiree Survivor Comfort Act changes the rules for retired military pay that is mistakenly paid after a service member’s death. It tells the government to forgive any overpayment that goes into a joint bank account with the deceased’s designated beneficiary, and it adjusts the start date of survivor annuity benefits. The bill mainly helps surviving spouses and other beneficiaries of deceased retired service members.

Key Provisions

If retired or retainer pay is deposited electronically into a joint account that includes the deceased retiree’s designated beneficiary, any overpayment made for the period after the retiree’s death is forgiven.
The Survivor Benefit Plan is updated so that, when such an overpayment is forgiven, the survivor’s annuity becomes effective on the first day of the month following the retiree’s death, rather than the previously set date.
These changes apply to payments made to retirees who die on or after the law’s enactment.

Legislative Activity

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3 earlier actions

HouseFloor Latest Action

ASSUMING FIRST SPONSORSHIP - Mr. Garamendi asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 463, a bill originally introduced by Representative Jones, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

September 20, 2019 • 11:08 AM

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HouseIntro Referral

Introduced in House

January 10, 2019

HouseIntro Referral

Referred to the House Committee on Armed Services.

Armed Services Committee

January 10, 2019

HouseCommittee

Referred to the Subcommittee on Military Personnel.

Military Personnel Subcommittee

January 24, 2019

HouseFloor

ASSUMING FIRST SPONSORSHIP - Mr. Garamendi asked unanimous consent that he may hereafter be considered as the first sponsor of H.R. 463, a bill originally introduced by Representative Jones, for the purpose of adding cosponsors and requesting reprintings pursuant to clause 7 of rule XII. Agreed to without objection.

September 20, 2019 • 11:08 AM

Bill Text

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Introduced in HouseIssued January 10, 2019

I

116th CONGRESS

1st Session

H. R. 463

IN THE HOUSE OF REPRESENTATIVES

January 10, 2019

Mr. Jones introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to provide for forgiveness of certain overpayments of retired pay paid to deceased retired members of the Armed Forces.

1.

Short title

This Act may be cited as the Military Retiree Survivor Comfort Act.

2.

Forgiveness of certain overpayments of retired pay paid for periods after death of retired members

(a)

Forgiveness When Payments Deposited to Joint Accounts

Section 2771 of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)

The United States shall forgive any 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 the 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).

.

(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 Effective Date Rule When Final Retired Pay Overpayment Is Forgiven

(1)

Annuity effective on first day of month after death

In a case covered by paragraph (2), an annuity payable to a surviving spouse shall be effective on the first day of the first month beginning after the death of the person to whom section 1448 of this title applies, rather than on the date otherwise applicable under subsection (a).

(2)

Covered cases

Paragraph (1) applies in a case in which—

(A)

there is an overpayment of retired pay of a person to whom section 1448 of this title applies that is forgiven pursuant to section 2771(e) of this title; and

(B)

the person who is the designated beneficiary of such person under section 2771(a)(1) of this title is the surviving spouse of such person.

.

(c)

Effective Date

Subsection (e) of section 2771 of title 10, United States Code, as added by subsection (a), shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act.