[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3509 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3509

             For the relief of Elizabeth McKenney Padgett.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 1999

  Mr. Bonior introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
             For the relief of Elizabeth McKenney Padgett.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SURVIVOR BENEFIT PLAN ANNUITY FOR ELIZABETH MCKENNEY 
              PADGETT.

    (a) Annuity.--The Secretary of the Army, subject to subsection (b), 
shall pay to Elizabeth McKenney Padgett, of Harrison Township, 
Michigan, an annuity under the military Survivor Benefit Plan pursuant 
to the election of her former husband, Sergeant Major Widford D. 
Padgett (United States Army, retired) under section 1405 of Public Law 
101-189 (10 U.S.C. 1448 note) without regard to the provisions of 
subsection (g) of that section, such annuity to be effective as of the 
day after the death of Widford D. Padgett on February 10, 1993.
    (b) Offset.--Payment of the annuity referred to in subsection (a) 
shall be subject to a requirement for payment to the Secretary of an 
amount equal to the total amount of SBP premiums that would have been 
paid by Widford D. Padgett for the period beginning on the effective 
date of the election referred to in subsection (a) and ending on the 
date two years later, determined as if he had lived to the end of that 
period and otherwise had continued to receive retired pay during that 
period. Any such payment may be made directly by Elizabeth McKenney 
Padgett or may be made by offset from amounts that would otherwise be 
payable under the annuity under subsection (a). Any such payment shall 
be credited in the same manner as SBP premiums.
    (c) Definitions.--For purposes of this section:
            (1) Military survivor benefit plan.--The term ``military 
        Survivor Benefit Plan '' means the program established under 
        subchapter II of chapter 73 of title 10, United States Code.
            (2) Sbp premium.--The term ``SBP premium'' means the 
        reduction in retired pay required as a condition of providing 
        an annuity under the military Survivor Benefit Plan.
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