Authorizes the payment of disability retirement compensation to the dependent survivors of such individuals under the Survivor Benefit Plan.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1037 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1037
To amend title 10, United States Code, to authorize disability
retirement to be granted posthumously for members of the Armed Forces
who die in the line of duty while on active duty, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 14, 2001
Mrs. Hutchison (for herself, Mr. Inouye, Mr. Hutchinson, and Mr.
Stevens) 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 authorize disability
retirement to be granted posthumously for members of the Armed Forces
who die in the line of duty while on active duty, 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. POSTHUMOUS DISABILITY RETIREMENT FOR MEMBERS OF THE ARMED
FORCES WHO DIE IN THE LINE OF DUTY WHILE ON ACTIVE DUTY.
(a) Authority.--Chapter 61 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1222. Posthumous retirement: retroactive effective date; related
elections
``(a) Authority.--Upon a determination by the Secretary concerned
that it is advantageous for the survivors of a member of the armed
forces who dies in the line of duty while on active duty, the Secretary
concerned may--
``(1) posthumously retire the member under section 1201 of
this title effective immediately before the member's death; and
``(2) make for the deceased member any election with
respect to survivor benefits under laws referred to in
subsection (c) that the deceased member would have been
entitled to make upon being retired under that section.
``(b) Construction With Section 1201 Requirements.--Nothing in this
section modifies the requirements set forth in section 1201 of this
title regarding determinations or eligibility.
``(c) Administration of Benefits Laws.--A retirement and election
under subsection (a) shall be effective for the purposes of laws
administered by the Secretary of Defense or any Secretary concerned and
laws administered by the Secretary of Veterans Affairs.
``(d) Nonreviewability of Determinations.--A determination or
election made by a Secretary concerned under subsection (a) is not
subject to judicial review.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1222. Posthumous retirement: retroactive effective date; related
elections.''.
SEC. 2. SURVIVOR BENEFIT PLAN.
(a) Surviving Spouse Annuity.--Section 1448(d) of title 10, United
States Code, is amended by striking paragraph (1) and inserting the
following:
``(1) Surviving spouse annuity.--The Secretary concerned
shall pay an annuity under this subchapter to the surviving
spouse of a member who--
``(A) dies in the line of duty while on active duty
after--
``(i) becoming eligible to receive retired
pay;
``(ii) qualifying for retired pay except
that the member has not applied for or been
granted that pay; or
``(iii) completing 20 years of active
service but before the member is eligible to
retire as a commissioned officer because the
member has not completed 10 years of active
commissioned service; or
``(B) dies in the line of duty while on active duty
and is posthumously retired under section 1201 of this
title pursuant to section 1222 of this title.''.
(b) Dependent Child Annuity.--Paragraph (2) of such section is
amended by striking ``or if the member's surviving spouse subsequently
dies'' and inserting ``or if the payment of an annuity to the member's
surviving spouse under that paragraph subsequently terminates''.
(c) Computation of Survivor Annuity.--Section 1451(c) of title 10,
United States Code, is amended by adding at the end the following new
paragraph:
``(5) Service members posthumously retired.--In the case of
an annuity provided under section 1448(d)(1)(B) of this title,
the retired pay to which the member would have been entitled
when the member died shall be determined for purposes of
paragraph (1) based upon the retired pay base computed for the
member under section 1406(b) or 1407 of this title as if the
member had been retired under section 1201 of this title on the
date of the member's death.''.
(d) Conforming Amendment.--Section 1451(c)(3) of such title is
amended by striking ``section 1448(d)(1)(B) or 1448(d)(1)(C)'' and
inserting ``clause (ii) or (iii) of section 1448(d)(1)(A)''.
SEC. 3. EFFECT DATE AND APPLICABILITY.
This Act and the amendments made by this Act shall take effect on
the date of the enactment of this Act and shall apply with respect to
deaths of members of the Armed Forces occurring on or after that date.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S6319-6320)
Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S6320)
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