[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2214 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2214

 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 the integration with social 
  security benefits when the surviving spouse reaches 62 years of age.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1995

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

_______________________________________________________________________

                                 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 the integration with social 
  security benefits when the surviving spouse reaches 62 years of age.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Survivors Equity Act of 
1995''.

 SEC. 2. TERMINATION OF SOCIAL SECURITY OFFSET UNDER MILITARY SURVIVOR 
              BENEFIT PLAN.

    (a) Termination of Social Security Offset.--Section 1451 of title 
10, United States Code, is amended--
            (1) in subsection (a)(1), by striking all that follows 
        ``shall be'' and inserting ``the amount equal to 55 percent of 
        the base amount.'';
            (2) in subsection (a)(2), by striking all that follows 
        ``shall be'' and inserting ``the amount equal to a percentage 
        of the base amount that--
            ``(A) is less than 55 percent; and
            ``(B) is determined under subsection (f).'';
            (3) in subsection (c)(1), by striking all that follows 
        ``shall be'' and inserting ``the amount equal to 55 percent of 
        the retired pay to which the member or former member would have 
        been entitled if the member or former member had been entitled 
        to that pay based upon his years of active service when he 
        died.''; and
            (4) by striking subsection (e).
    (b) Conforming Amendment.--Subsection (f) of such section is 
amended by striking ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting 
``(a)(2) or (b)(2)''.
    (c) Effective Date.--Section 1451 of title 10, United States Code, 
as amended by subsection (a), shall apply to payments of annuities for 
months that begin after the date of the enactment of this Act.
    (d) Recomputation of Existing Annuities.--In the case of a person 
who is a beneficiary under the Survivor Benefit Plan established by 
subchapter II of chapter 73 of such title on the date of the enactment 
of this Act, the Secretary of Defense shall recompute the amount of 
such person's annuity to reflect the amendments made by subsection (a).
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