[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 706 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                 S. 706

To amend title 10, United States Code, to provide Survivor Benefit Plan 
annuities for surviving spouses of Reserves not eligible for retirement 
  who die from a cause incurred or aggravated while on inactive-duty 
                               training.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2003

 Mr. McCain (for himself, Mr. Graham of South Carolina, and Mr. Allen) 
        introduced the following bill; which was read twice and 
        referred to the Committee on Armed ServicesYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to provide Survivor Benefit Plan 
annuities for surviving spouses of Reserves not eligible for retirement 
  who die from a cause incurred or aggravated while on inactive-duty 
                               training.

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

SECTION 1. SURVIVOR BENEFIT PLAN ANNUITIES FOR SURVIVING SPOUSES OF 
              RESERVES NOT ELIGIBLE FOR RETIREMENT WHO DIE FROM A CAUSE 
              INCURRED OR AGGRAVATED WHILE ON INACTIVE-DUTY TRAINING.

    (a) Surviving Spouse Annuity.--Paragraph (1) of section 1448(f) of 
title 10, United States Code, is amended to read as follows:
            ``(1) Surviving spouse annuity.--The Secretary concerned 
        shall pay an annuity under this subchapter to the surviving 
        spouse of--
                    ``(A) a person who is eligible to provide a 
                reserve-component annuity and who dies--
                            ``(i) before being notified under section 
                        12731(d) of this title that he has completed 
                        the years of service required for eligibility 
                        for reserve-component retired pay; or
                            ``(ii) during the 90-day period beginning 
                        on the date he receives notification under 
                        section 12731(d) of this title that he has 
                        completed the years of service required for 
                        eligibility for reserve-component retired pay 
                        if he had not made an election under subsection 
                        (a)(2)(B) to participate in the Plan; or
                    ``(B) a member of a reserve component not described 
                in subparagraph (A) who dies from an injury or illness 
                incurred or aggravated in the line of duty during 
                inactive-duty training.''.
    (b) Conforming Amendment.--The heading for subsection (f) of 
section 1448 of such title is amended by inserting ``or Before'' after 
``Dying When''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as of September 10, 2001, and shall apply with respect to 
performance of inactive-duty training (as defined in section 101(d) of 
title 10, United States Code) on or after that date.
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