[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 165 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 165

 To amend title 10, United States Code, to repeal the two-tier annuity 
computation system applicable to annuities for surviving spouses under 
 the Survivor Benefit Plan for retired members of the Armed Forces so 
  that there is no reduction in such an annuity when the beneficiary 
                        becomes 62 years of age.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

  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 two-tier annuity 
computation system applicable to annuities for surviving spouses under 
 the Survivor Benefit Plan for retired members of the Armed Forces so 
  that there is no reduction in such an annuity when the beneficiary 
                        becomes 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 
1997''.

 SEC. 2. TERMINATION OF TWO-TIER ANNUITY COMPUTATION AND SOCIAL 
              SECURITY OFFSET UNDER MILITARY SURVIVOR BENEFIT PLAN.

    (a) Termination.--Section 1451 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking out ``shall be'' 
                in the matter preceding subparagraph (A) and all that 
                follows in that paragraph and inserting in lieu thereof 
                ``shall be the amount equal to 55 percent of the base 
                amount.''; and
                    (B) in paragraph (2), by striking out ``shall be'' 
                in the matter preceding subparagraph (A) and all that 
                follows in that paragraph and inserting in lieu thereof 
                ``shall be the amount equal to a percentage of the base 
                amount that--
                    ``(A) is less than 55 percent; and
                    ``(B) is determined under subsection (f).''; and
            (2) in paragraph (1) of subsection (c), by striking out 
        ``shall be'' in the matter preceding subparagraph (A) and all 
        that follows in that paragraph and inserting in lieu thereof 
        ``shall be 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.''.
    (b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such 
section is further amended by striking out subsection (d).
    (c) Repeal of Alternative Computation for Certain Beneficiaries for 
Whom Social Security Offset Was More Beneficial Than Two-Tier 
Computation.--Such section is further amended by striking out 
subsection (e).
    (d) Conforming Amendment.--Subsection (f) of such section is 
amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting 
in lieu thereof ``(a)(2) or (b)(2)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to payment of annuities for months that begin after the date of 
the enactment of this Act.
    (f) 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 title 10, United States Code, on the 
date of the enactment of this Act, the Secretary concerned (as defined 
in section 101 of title 37, United States Code) shall recompute the 
amount of that person's annuity as necessary to reflect the amendments 
made by this section.
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