[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1037 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                S. 1037

    To amend title 10, United States Code, to authorize disability 
 retirement to be granted posthumously for members of the Armed Forces 
    who die in the line of duty while on active duty, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2001

   Mrs. Hutchison (for herself, Mr. Inouye, Mr. Hutchinson, and Mr. 
   Stevens) introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
    To amend title 10, United States Code, to authorize disability 
 retirement to be granted posthumously for members of the Armed Forces 
    who die in the line of duty while on active duty, and for other 
                               purposes.

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

SECTION 1. POSTHUMOUS DISABILITY RETIREMENT FOR MEMBERS OF THE ARMED 
              FORCES WHO DIE IN THE LINE OF DUTY WHILE ON ACTIVE DUTY.

    (a) Authority.--Chapter 61 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1222. Posthumous retirement: retroactive effective date; related 
              elections
    ``(a) Authority.--Upon a determination by the Secretary concerned 
that it is advantageous for the survivors of a member of the armed 
forces who dies in the line of duty while on active duty, the Secretary 
concerned may--
            ``(1) posthumously retire the member under section 1201 of 
        this title effective immediately before the member's death; and
            ``(2) make for the deceased member any election with 
        respect to survivor benefits under laws referred to in 
        subsection (c) that the deceased member would have been 
        entitled to make upon being retired under that section.
    ``(b) Construction With Section 1201 Requirements.--Nothing in this 
section modifies the requirements set forth in section 1201 of this 
title regarding determinations or eligibility.
    ``(c) Administration of Benefits Laws.--A retirement and election 
under subsection (a) shall be effective for the purposes of laws 
administered by the Secretary of Defense or any Secretary concerned and 
laws administered by the Secretary of Veterans Affairs.
    ``(d) Nonreviewability of Determinations.--A determination or 
election made by a Secretary concerned under subsection (a) is not 
subject to judicial review.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end the following new item:

``1222. Posthumous retirement: retroactive effective date; related 
                            elections.''.

SEC. 2. SURVIVOR BENEFIT PLAN.

    (a) Surviving Spouse Annuity.--Section 1448(d) of title 10, United 
States Code, is amended by striking paragraph (1) and inserting the 
following:
            ``(1) Surviving spouse annuity.--The Secretary concerned 
        shall pay an annuity under this subchapter to the surviving 
        spouse of a member who--
                    ``(A) dies in the line of duty while on active duty 
                after--
                            ``(i) becoming eligible to receive retired 
                        pay;
                            ``(ii) qualifying for retired pay except 
                        that the member has not applied for or been 
                        granted that pay; or
                            ``(iii) completing 20 years of active 
                        service but before the member is eligible to 
                        retire as a commissioned officer because the 
                        member has not completed 10 years of active 
                        commissioned service; or
                    ``(B) dies in the line of duty while on active duty 
                and is posthumously retired under section 1201 of this 
                title pursuant to section 1222 of this title.''.
    (b) Dependent Child Annuity.--Paragraph (2) of such section is 
amended by striking ``or if the member's surviving spouse subsequently 
dies'' and inserting ``or if the payment of an annuity to the member's 
surviving spouse under that paragraph subsequently terminates''.
    (c) Computation of Survivor Annuity.--Section 1451(c) of title 10, 
United States Code, is amended by adding at the end the following new 
paragraph:
            ``(5) Service members posthumously retired.--In the case of 
        an annuity provided under section 1448(d)(1)(B) of this title, 
        the retired pay to which the member would have been entitled 
        when the member died shall be determined for purposes of 
        paragraph (1) based upon the retired pay base computed for the 
        member under section 1406(b) or 1407 of this title as if the 
        member had been retired under section 1201 of this title on the 
        date of the member's death.''.
    (d) Conforming Amendment.--Section 1451(c)(3) of such title is 
amended by striking ``section 1448(d)(1)(B) or 1448(d)(1)(C)'' and 
inserting ``clause (ii) or (iii) of section 1448(d)(1)(A)''.

SEC. 3. EFFECT DATE AND APPLICABILITY.

    This Act and the amendments made by this Act shall take effect on 
the date of the enactment of this Act and shall apply with respect to 
deaths of members of the Armed Forces occurring on or after that date.
                                 <all>