[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 305 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 305

 To amend title 10, United States Code, to remove the reduction in the 
          amount of Survivor Benefit Plan annuities at age 62.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2001

  Mr. Smith of New Hampshire 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 remove the reduction in the 
          amount of Survivor Benefit Plan annuities at age 62.

    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 Retirees Survivor Benefits 
Protection Act of 2001''.

SEC. 2. REPEAL OF REDUCTION IN SBP ANNUITIES AT AGE 62.

    (a) Computation of Annuity for a Spouse, Former Spouse, or Child.--
Subsection (a) of section 1451 of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``shall be determined as 
        follows:'' and all that follows and inserting the following: 
        ``shall be the amount equal to 55 percent of the base 
        amount.''; and
            (2) in paragraph (2), by striking ``shall be determined as 
        follows:'' and all that follows and inserting the following: 
        ``shall be the amount equal to a percentage of the base amount 
        that is less than 55 percent and is determined under subsection 
        (f).''.
    (b) Annuities for Survivors of Certain Persons Dying During a 
Period of Special Eligibility for SBP.--Subsection (c)(1) of such 
section is amended by striking ``shall be determined as follows:'' and 
all that follows and inserting the following: ``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.''.
    (c) Repeal of Requirement for Reduction.--Such section is further 
amended by striking subsection (d).
    (d) Repeal of Unnecessary Supplemental SBP.--(1) Subchapter III of 
chapter 73 of title 10, United States Code, is repealed.
    (2) The table of contents at the beginning of such chapter is 
amended by striking the item relating to subchapter III.

SEC. 3. EFFECTIVE DATE.

    This Act and the amendments made by section 2 shall take effect on 
October 1, 2001, and shall apply with respect to months beginning on or 
after that date.
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