[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 401 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 401

To amend title 10, United States Code, to increase to parity with other 
    surviving spouses the basic annuity that is provided under the 
uniformed services Survivor Benefit Plan for surviving spouses who are 
           at least 62 years of age; and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2003

 Ms. Landrieu 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 increase to parity with other 
    surviving spouses the basic annuity that is provided under the 
uniformed services Survivor Benefit Plan for surviving spouses who are 
           at least 62 years of age; 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. SHORT TITLE.

    This Act may be cited as the ``SBP Benefits Improvement Act of 
2003''.

SEC. 2. FULL AMOUNT OF SURVIVOR BENEFITS FOR SURVIVING SPOUSES WHO ARE 
              62 YEARS OF AGE OR OVER.

    (a) Phased Increased of Basic Annuity.--(1) Subsection (a)(1)(B)(i) 
of section 1451 of title 10, United States Code, is amended by striking 
``35 percent of the base amount.'' and inserting ``the product of the 
base amount and the percent applicable for the month. The percent 
applicable for a month is 35 percent for months beginning on or before 
the date of the enactment of the SBP Benefits Improvement Act of 2003, 
40 percent for months beginning after such date and before October 
2007, 45 percent for months beginning after September 2004, and 55 
percent for months beginning after September 2013.''.
    (2) Subsection (a)(2)(B)(i)(I) of such section is amended by 
striking ``35 percent'' and inserting ``the percent specified under 
paragraph (1)(B)(i) as being applicable for the month''.
    (3) Subsection (c)(1)(B)(i) of such section is amended--
            (A) by striking ``35 percent'' and inserting ``the 
        applicable percent''; and
            (B) by adding at the end the following: ``The percent 
        applicable for a month under the preceding sentence is the 
        percent specified under subsection (a)(1)(B)(i) as being 
        applicable for the month.''.
    (4) The heading for subsection (d)(2)(A) of such section is amended 
to read as follows: ``Computation of annuity.--''.
    (b) Phased Elimination of Supplemental Annuity.--(1) Section 
1457(b) of title 10, United States Code, is amended--
            (A) by striking ``5, 10, 15, or 20 percent'' and inserting 
        ``the applicable percent''; and
            (B) by inserting after the first sentence the following: 
        ``The percent used for the computation shall be an even 
        multiple of 5 percent and, whatever the percent specified in 
        the election, may not exceed 20 percent for months beginning on 
        or before the date of the enactment of the SBP Benefits 
        Improvement Act of 2003, 15 percent for months beginning after 
        that date and before October 2007, and 10 percent for months 
        beginning after September 2007.''.
    (2) Effective on October 1, 2013, chapter 73 of such title is 
amended--
            (A) by striking subchapter III; and
            (B) by striking the item relating to subchapter III in the 
        table of subchapters at the beginning of that chapter.
    (c) Recomputation of Annuities.--(1) Effective on the first day of 
each month referred to in paragraph (2)--
            (A) each annuity under section 1450 of title 10, United 
        States Code, that commenced before that month, is computed 
        under a provision of section 1451 of that title amended by 
        subsection (a), and is payable for that month shall be 
        recomputed so as to be equal to the amount that would be in 
        effect if the percent applicable for that month under that 
        provision, as so amended, had been used for the initial 
        computation of the annuity; and
            (B) each supplemental survivor annuity under section 1457 
        of such title that commenced before that month and is payable 
        for that month shall be recomputed so as to be equal to the 
        amount that would be in effect if the percent applicable for 
        that month under that section, as amended by this section, had 
        been used for the initial computation of the supplemental 
        survivor annuity.
    (2) The requirements for recomputation of annuities under paragraph 
(1) apply with respect to the following months:
            (A) The first month that begins after the date of the 
        enactment of this Act.
            (B) October 2007.
            (C) October 2013.
    (d) Recomputation of Retired Pay Reductions for Supplemental 
Survivor Annuities.--The Secretary of Defense shall take such actions 
as are necessitated by the amendments made by subsection (b) and the 
requirements of subsection (c)(1)(B) to ensure that the reductions in 
retired pay under section 1460 of title 10, United States Code, are 
adjusted to achieve the objectives set forth in subsection (b) of that 
section.
                                 <all>