Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or would be entitled to such pay except for being under 60 years of age.
Prohibits recoupment by the Secretary of Defense of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
Changes to October 1, 2007 (previously October 1, 2008) the effective date for paid-up coverage provisions under the SBP and the Retired Serviceman's Family Protection Plan.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1927 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 1927
To repeal the requirement for reduction of survivor annuities under the
Survivor Benefit Plan by veterans dependency and indemnity
compensation, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 18, 2007
Mr. Ortiz (for himself, Mr. Moran of Virginia, Mr. Edwards, Mr.
Hinojosa, Mr. Filner, Mr. Reyes, Ms. Corrine Brown of Florida, Mr.
Hare, Mr. Gordon of Tennessee, Mrs. Boyda of Kansas, Mr. Pastor, Mr.
Moore of Kansas, Mr. Brady of Pennsylvania, Mr. Rogers of Alabama, Mr.
Rodriguez, Ms. Shea-Porter, Mr. Arcuri, Mr. Bartlett of Maryland, Mr.
Lampson, Mr. Grijalva, Mr. Higgins, Mr. McGovern, Mr. Perlmutter, Mr.
McNerney, Mr. Marshall, Mr. Jackson of Illinois, and Ms. Woolsey)
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 by veterans dependency and indemnity
compensation, 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. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES
BY DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) In general.--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.--The sections and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
SEC. 2. EFFECTIVE DATE OF PAID-UP COVERAGE UNDER SURVIVOR BENEFIT PLAN.
(a) Survivor Benefit Plan.--Section 1452(j) of title 10, United
States Code, is amended by striking ``October 1, 2008'' and inserting
``October 1, 2007''.
(b) Retired Serviceman's Family Protection Plan.--Section 1436a of
such title is amended by striking ``October 1, 2008'' and inserting
``October 1, 2007''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Referred to the Subcommittee on Military Personnel.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line