[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1813 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 1813

 To amend title 10, United States Code, to revise the rules under the 
military Survivor Benefit Plan for termination of an annuity paid to a 
            surviving spouse upon remarriage before age 55.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 10, 2001

 Mr. Moran of Kansas introduced the following bill; which was referred 
                   to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to revise the rules under the 
military Survivor Benefit Plan for termination of an annuity paid to a 
            surviving spouse upon remarriage before age 55.

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

SECTION 1. REVISION TO SPOUSE ANNUITY TERMINATION PROVISIONS UNDER 
              MILITARY SURVIVOR BENEFIT PLAN.

    (a) Limitation on Termination of Annuity Upon Remarriage Before Age 
55.--Section 1450(b) of title 10, United States Code, is amended--
            (1) by adding at the end of paragraph (2) the following: 
        ``However, the annuity of a surviving spouse shall not be 
        terminated if the surviving spouse and the person to whom 
        section 1448 of this title applies were married for a period of 
        not less than 10 years during which that person performed 
        service on active duty or, in the case of a person providing a 
        reserve-component annuity, for not less than 10 years that were 
        credited for purposes of reserve-component retired pay.''; and
            (2) in paragraph (2), by striking ``If'' and all that 
        follows through ``remarries'' and inserting ``If an annuity of 
        a surviving spouse or former spouse is terminated under 
        paragraph (2) by reason of remarriage''.
    (b) Applicability to Prior Terminations.--In the case of an annuity 
paid to a surviving spouse under subchapter II of chapter 73 of title 
10, United States Code, that was terminated before the date of the 
enactment of this Act by reason of the remarriage of the surviving 
spouse before age 55, the annuity shall be resumed if that annuity 
would not have been so terminated had the provisions of section 
1450(b)(2) of title 10, United States Code, as amended by subsection 
(a)(1), been in effect at the time of such remarriage. Any such annuity 
shall be resumed effective as of the first day of the first month after 
the date of the enactment of this Act and in the amount that would have 
been in effect if the annuity had not been so terminated.
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