[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 635 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 635

 To amend title 10, United States Code, to repeal the social security 
offset applicable to certain annuities for surviving spouses paid under 
 the Survivor Benefit Plan for retired members of the Armed Forces to 
the extent that such offset is due to social security benefits based on 
        the surviving spouse's own earnings or self-employment.


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                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 1993

Mr. Sundquist 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 social security 
offset applicable to certain annuities for surviving spouses paid under 
 the Survivor Benefit Plan for retired members of the Armed Forces to 
the extent that such offset is due to social security benefits based on 
        the surviving spouse's own earnings or self-employment.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MODIFICATION OF SOCIAL SECURITY OFFSET UNDER MILITARY 
              SURVIVOR BENEFIT PLAN.

    (a) Repeal of Offset for Benefit Based on Beneficiary's Own 
Earnings.--Section 1451(e) of title 10, United States Code, is 
amended--
            (1) by striking out ``would be entitled'' in paragraph 
        (3)(A) and inserting in lieu thereof ``is entitled''; and
            (2) by striking out the period at the end of paragraph 
        (4)(A) and inserting in lieu thereof ``or to the extent that 
        the benefit to which the widow or widower is entitled is based 
        on the widow or widower's own earnings or self-employment.''.
    (b) Recomputation of Existing Annuities.--(1) In the case of an 
individual who is a beneficiary under the Survivor Benefit Plan and who 
is described in paragraph (2), the Secretary concerned shall recompute 
the amount of such individual's annuity under such Plan as provided in 
subsection (e) of section 1451 of title 10, United States Code, as 
amended by subsection (a), if such recomputation is more favorable to 
the individual.
    (2) Paragraph (1) applies to an individual--
            (A) who is eligible under paragraph (1) of subsection (e) 
        of such section to have the individual's annuity under the 
        Survivor Benefit Plan computed under such subsection; and
            (B) who during the period beginning on October 1, 1985, and 
        ending on the date of the enactment of this Act--
                    (i) became eligible for such an annuity and whose 
                annuity is computed under subsection (a)(1)(B), 
                (a)(2)(B), or (c)(1)(B) of such section rather than 
                under subsection (e) of such section; or
                    (ii) while in receipt of such an annuity became 62 
                years of age and had the annuity reduced under 
                subsection (d)(2)(A) of such section rather than under 
                subsection (d)(2)(B).
    (3) For purposes of this paragraph, the term ``Survivor Benefit 
Plan'' means the program under subchapter II of chapter 73 of title 10, 
United States Code.
    (c) Effective Date.--The amendments made by subsection (a) and the 
provisions of subsection (b) shall apply only in the case of payments 
of annuities for periods that begin after the date of the enactment of 
this Act.

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