H.R. 553House116th Congress (2019-2021)In Committee

Military Surviving Spouses Equity Act

Sponsored by Joe WilsonRep. Joe Wilson (R-SC)
Introduced January 15, 2019

AI-Generated Summary

Updated April 14, 2026 at 12:42 AM UTC

The Military Surviving Spouses Equity Act would stop the practice of lowering a military widow or widower's Survivor Benefit Plan (SBP) annuity because the spouse also receives Veterans Dependency and Indemnity Compensation (VDIC). By removing that reduction, the bill aims to give surviving spouses the full SBP benefit they are entitled to, without a financial offset. It also includes protections against retroactive changes and ensures spouses who previously transferred their annuity to a child can regain eligibility.

Key Provisions

  • Repeals the law that requires SBP survivor annuities to be reduced by the amount of VDIC a surviving spouse receives.
  • Prohibits any retroactive payment adjustments or recoupment of refunds that were already made before the law takes effect.
  • Restores eligibility for surviving spouses who had previously transferred their SBP annuity to a dependent child, even if that child’s status later changes.
  • Sets the effective date of the changes to the later of October 1, 2019, or the first day of the month after the law is enacted.

Legislative Activity

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4 earlier actions
HouseCalendars Latest Action

Assigned to the Consensus Calendar, Calendar No. 1.

July 12, 2019

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HouseIntro Referral

Introduced in House

January 15, 2019

HouseIntro Referral

Referred to the House Committee on Armed Services.

January 15, 2019

HouseCommittee

Referred to the Subcommittee on Military Personnel.

January 24, 2019

HouseCalendars

Motion to place bill on Consensus Calendar filed by Mr. Wilson (SC).

May 16, 2019

HouseCalendars

Assigned to the Consensus Calendar, Calendar No. 1.

July 12, 2019

Floor Debate

10 members

What members said about H.R. 553 on the floor

3 Republicans7 Democrats
James P. McGovern
Rep. James P. McGovernD-MA-2 · Jul 10, 2019

Madam Speaker, by direction of the Committee on Rules, I call up House Resolution 476 and ask for its immediate consideration. Madam Speaker, for the purpose of debate only, I yield the customary 30…

Rob Woodall
Rep. Rob WoodallR-GA-7 · Jul 10, 2019

Madam Speaker, I yield myself such time as I may consume. Madam Speaker, I appreciate that admonition. I promise you, you won't have to repeat that again on my time. I appreciate my friend from…

Carolyn B. Maloney
Rep. Carolyn B. MaloneyD-NY-12 · Jul 10, 2019

Madam Speaker, I thank the gentleman for yielding and for his extraordinary leadership. Madam Speaker, I rise in strong support of this rule, which when passed will include my bill, the Federal…

Tom Cole
Rep. Tom ColeR-OK-4 · Jul 10, 2019

Mr. Speaker, I rise to oppose the rule and the underlying legislation. This is actually a very sad occasion, I think, for the House; it certainly is for me personally. I have never voted against a…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Jul 10, 2019

Mr. Speaker, I thank the gentleman from Georgia for yielding this time. I appreciate his leadership. H.R. 553, the Military Surviving Spouses Equity Act, is a bipartisan bill with over 365…

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Peter Welch
Rep. Peter WelchD-VT · Jul 10, 2019

Madam Speaker, I thank the gentleman for yielding. Madam Speaker, this rule makes in order an amendment that is of great consequence and urgency, and that amendment would require that before the…

John A. Yarmuth
Rep. John A. YarmuthD-KY-3 · Jul 10, 2019

Madam Speaker, I rise in support of H. Res. 476, the rule allowing for consideration of the National Defense Authorization Act, including my amendment to, once and for all, repeal the SBP-DIC offset,…

Mary Gay Scanlon
Rep. Mary Gay ScanlonD-PA-5 · Jul 10, 2019

Madam Speaker, I thank the gentleman from Massachusetts for yielding, and I rise today in strong support of the rule and underlying bill. I also want to thank Chairman Smith for his leadership on the…

Chrissy Houlahan
Rep. Chrissy HoulahanD-PA-6 · Jul 10, 2019

Madam Speaker, I rise to support the NDAA and the rule and the bipartisan work that went into it. Part of the reason I separated from the Air Force was from a lack of sufficient childcare options.…

Lori Trahan
Rep. Lori TrahanD-MA-3 · Jul 10, 2019

Mr. Speaker, I rise today in support of this year's National Defense Authorization Act. This bill addresses many critical components of our national defense, including the urgent need to tackle…

Joe Wilson
Rep. Joe WilsonR-SC-2 · Jul 11, 2019

Mr. Speaker, Congress should strive for Democrats and Republicans in Washington to truly work together. When the Military Surviving Spouses Equity Act reached 365 bipartisan cosponsors, I was…

Bill Text

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Introduced in HouseIssued January 15, 2019

I

116th CONGRESS

1st Session

H. R. 553

IN THE HOUSE OF REPRESENTATIVES

January 15, 2019

Mr. Wilson of South Carolina (for himself and Mr. Yarmuth) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indemnity compensation, and for other purposes.

1.

Short title

This Act may be cited as the Military Surviving Spouses Equity Act.

2.

Repeal of requirement of reduction of Survivor Benefit Plan survivor annuities by amount of dependency and indemnity compensation

(a)

Repeal

(1)

Repeal

Subchapter II of chapter 73 of title 10, United States Code, is amended as follows:

(A)

In section 1450, by striking subsection (c).

(B)

In section 1451(c)—

(i)

by striking paragraph (2); and

(ii)

by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

(2)

Conforming amendments

Such subchapter is further amended as follows:

(A)

In section 1450—

(i)

by striking subsection (e); and

(ii)

by striking subsection (k).

(B)

In section 1451(g)(1), by striking subparagraph (C).

(C)

In section 1452—

(i)

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

(ii)

by striking subsection (g).

(D)

In section 1455(c), by striking , 1450(k)(2),.

(b)

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).

(c)

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.

(d)

Repeal of authority for optional annuity for dependent children

Section 1448(d)(2) of such title is amended—

(1)

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

(2)

by striking subparagraph (B).

(e)

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.

(f)

Effective Date

This section and the amendments made by this section shall take effect on the later of—

(1)

October 1, 2019; and

(2)

the first day of the first month that begins after the date of the enactment of this Act.