[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1760 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1760

     To provide a military survivor annuity for widows of certain 
retirement-eligible reserve members of the uniformed services who died 
 during the period between the establishment of the military Survivor 
 Benefit Plan and the creation of the reserve-component annuity under 
                               that Plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

  Mr. Duncan introduced the following bill; which was referred to the 
                     Committee on National Security

_______________________________________________________________________

                                 A BILL


 
     To provide a military survivor annuity for widows of certain 
retirement-eligible reserve members of the uniformed services who died 
 during the period between the establishment of the military Survivor 
 Benefit Plan and the creation of the reserve-component annuity under 
                               that Plan.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ANNUITIES FOR CERTAIN MILITARY RESERVE WIDOWS.

    (a) Survivor Annuity.--The Secretary concerned shall pay an annuity 
under the Survivor Benefit Plan to each individual who is the surviving 
spouse of a member of the uniformed services who--
            (1) died during the period beginning on September 21, 1972, 
        and ending on October 1, 1978; and
            (2) at the time of his death would have been entitled to 
        retired pay under chapter 67 of title 10, United States Code, 
        but for the fact that he was under 60 years of age.
    (b) Conditions.--An annuity under this section shall be paid under 
the provisions of the Survivor Benefit Plan in the same manner as if 
the amendments made by Public Law 95-397 had been in effect before the 
member died and the member had elected on the day before the date of 
his death to provide a reserve-component annuity under such plan to the 
member's surviving spouse and had designated the annuity to become 
effective on the day after the date of his death.
    (c) Amount of Annuity.--The amount of an annuity under this section 
shall be computed under section 1451(e)(2)(B) of title 10, United 
States Code. The base amount to be used in such computation is 100 
percent of the amount of the retired pay to which the member would have 
been entitled if the member had been 60 years of age on the date of his 
death, adjusted by the overall percentage increase in retired pay under 
section 1401a of title 10, United States Code (or any other comparable 
provision of law), during the period beginning on the date of the 
member's death and ending on the last day of the month in which this 
section is enacted.
    (d) Prevention of Duplicate Benefits.--If an individual entitled to 
an annuity under this section is also entitled to an annuity under the 
Survivor Benefit Plan based upon a subsequent marriage, the individual 
may not receive both annuities but must elect which to receive.
    (e) Definitions.--As used in this section:
            (1) The term ``uniformed services'' means the Armed Forces 
        and the commissioned corps of the Public Health Service.
            (2) The term ``surviving spouse'' has the meaning given the 
        terms ``widow'' and ``widower'' in section 1447 of title 10, 
        United States Code.
            (3) The term ``Secretary concerned'' has the meaning given 
        that term in section 101 of title 10, United States Code, and 
        includes the Secretary of Health and Human Services, with 
        respect to reserve commissioned officers of the Public Health 
        Service.
            (4) The term ``Survivor Benefit Plan'' means the program 
        provided under subchapter II of chapter 73 of title 10, United 
        States Code.
    (f) Effective Date.--No payment may be made by reason of the 
enactment of this section for any period before the first day of the 
first month beginning on or after the date of the enactment of this 
Act.
                                 <all>