[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 38 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                 H. R. 38

  To provide a minimum survivor annuity for the unremarried surviving 
 spouses of retired members of the Armed Forces who died before having 
      an opportunity to participate in the Survivor Benefit Plan.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

 Mr. Bilirakis (for himself and Mr. Norwood) introduced the following 
     bill; which was referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
  To provide a minimum survivor annuity for the unremarried surviving 
 spouses of retired members of the Armed Forces who died before having 
      an opportunity to participate in the Survivor Benefit 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 SURVIVING SPOUSES.

    (a) Survivor Annuity.--(1) The Secretary concerned shall pay an 
annuity to the qualified surviving spouse of any member of the 
uniformed services who--
            (A) died before March 21, 1974, and was entitled to retired 
        or retainer pay on the date of death; or
            (B) was a member of a reserve component, died during the 
        period beginning on September 21, 1972, and ending on October 
        1, 1978, and at the time of death would have been entitled to 
        retired pay under chapter 67 of title 10, United States Code, 
        but for the fact he was under 60 years of age.
    (2) A qualified surviving spouse for purposes of this section is a 
surviving spouse who has not remarried and who is not eligible for an 
annuity under section 4 of Public Law 92-425 (10 U.S.C. 1448 note).
    (b) Amount of Annuity.--(1) An annuity payable under this section 
shall be paid at the rate of $165 per month, as adjusted from time to 
time under paragraph (3).
    (2) An annuity paid to a surviving spouse under this section shall 
be reduced by the amount of any dependency and indemnity compensation 
(DIC) to which the surviving spouse is entitled under section 1311(a) 
of title 38, United States Code.
    (3) Whenever retired or retainer pay is increased under section 
1401a(b)(2) of title 10, United States Code, each annuity that is 
payable under this section shall be increased at the same time and by 
the same total percent. The amount of the increase shall be based on 
the monthly annuity payable before any reduction under this section.
    (c) Definitions.--For purposes of this section:
            (1) The terms ``uniformed services'' and ``Secretary 
        concerned'' have the meanings given those terms in section 101 
        of title 37, United States Code.
            (2) The term ``surviving spouse'' has the meaning given 
        that term in section 1447 of title 10, United States Code.
    (d) Effective Date.--Annuities under this section shall be paid for 
months beginning after the month in which this Act is enacted. No 
benefit shall accrue to any person by reason of the enactment of this 
section for any period before the first month referred to in the 
preceding sentence. No benefit shall be paid to any person under this 
section unless an application for such benefit is filed with the 
Secretary concerned by or on behalf of such person.
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