[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 378 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 378

  To amend the provisions of titles 5 and 10, United States Code, to 
   provide for the extension of certain annuity benefits for widows, 
   widowers, and former spouses under Federal employee and military 
              retirement systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 17 (legislative day, January 5), 1993

 Mr. Thurmond introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend the provisions of titles 5 and 10, United States Code, to 
   provide for the extension of certain annuity benefits for widows, 
   widowers, and former spouses under Federal employee and military 
              retirement systems, 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. EXTENSION OF CERTAIN SURVIVOR ANNUITIES UNDER THE FEDERAL 
              RETIREMENT SYSTEM.

    (a) Civil Service Retirement System.--Section 8341 of title 5, 
United States Code, is amended--
            (1) in subsection (b)(3)(B) by inserting before the period 
        ``, unless the marriage of the widow or widower and the 
        employee or the Member (upon whom the entitlement of such 
        annuity is based) is a period of 20 years or more'';
            (2) in clause (ii) at the end of subsection (d) by 
        inserting before the period ``, unless the marriage of the 
        widow or widower and the employee or the Member (upon whom the 
        entitlement of such annuity is based) is a period of 20 years 
        or more''; and
            (3) in subsection (h)(3)(B)--
                    (A) in clause (i) by inserting after ``55 years of 
                age'' the following: ``(unless the marriage of the 
                widow or widower and the employee or the Member, upon 
                whom the entitlement of such annuity is based, is a 
                period of 20 years or more)''; and
                    (B) in clause (ii) by inserting after ``former 
                spouse remarries'' the following: ``(unless the 
                marriage of the widow or widower and the Member, upon 
                whom the entitlement of such annuity is based, is a 
                period of 20 years or more)''.
    (b) Federal Employees' Retirement System.--(1) Section 
8442(d)(1)(B) of title 5, United States Code, is amended by inserting 
before the period ``, unless the marriage of the widow or widower and 
the employee or the Member (upon whom the entitlement of such annuity 
is based) is a period of 20 years or more''.
    (2) Section 8445(c)(2) of title 5, United States Code, is amended 
by inserting after ``55 years of age'' the following: ``(unless the 
marriage of the widow or widower and the employee or the Member, upon 
whom the entitlement of such annuity is based, is a period of 20 years 
or more)''.
    (c) Effective Date.--The amendments made by this section shall be 
effective on and after the date of the enactment of this Act and shall 
apply with regard to a widow or widower who remarries before becoming 
55 years of age on or after such date of enactment.

SEC. 2. CONTINUATION OF PAYMENT OF SURVIVOR BENEFIT PLAN ANNUITY UPON 
              REMARRIAGE UNDER THE MILITARY RETIREMENT SYSTEM.

    (a) In General.--Section 1450(b) of title 10, United States Code, 
is amended--
            (1) by inserting ``(1)'' after ``(b)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding the second sentence of paragraph (1), in the 
case of a widow, widower, or former spouse who was married for 20 years 
or more to a person to whom section 1448 of this title applies, payment 
of annuity to that widow, widower, or former spouse after the death of 
such person shall not be terminated pursuant to that sentence by reason 
of a remarriage of the widow, widower, or former spouse before reaching 
55 years of age.''.
    (b) Effective Date.--Paragraph (2) of section 1450(b) of title 10, 
United States Code, shall take effect on the date of the enactment of 
this Act and shall apply with respect to remarriages described in such 
paragraph that occur on or after such date.

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