[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 808 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 808

   To amend title 10, United States Code, to repeal the offset from 
surviving spouse annuities under the military Survivor Benefit Plan for 
  amounts paid by the Secretary of Veterans Affairs as dependency and 
                        indemnity compensation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2005

Mr. Brown of South Carolina (for himself, Mr. Bartlett of Maryland, Mr. 
    Bradley of New Hampshire, Ms. Ginny Brown-Waite of Florida, Mr. 
Calvert, Mrs. Christensen, Mr. Tom Davis of Virginia, Mr. Edwards, Mr. 
 Filner, Mr. Foley, Mr. Green of Wisconsin, Mr. Holt, Mr. Jenkins, Mr. 
 Jones of North Carolina, Ms. Kaptur, Ms. Kilpatrick of Michigan, Mrs. 
McCarthy, Mr. Miller of Florida, Mr. Moran of Virginia, Mr. Reyes, Ms. 
 Linda T. Sanchez of California, Mr. Terry, Mr. Wolf, and Ms. Woolsey) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to repeal the offset from 
surviving spouse annuities under the military Survivor Benefit Plan for 
  amounts paid by the Secretary of Veterans Affairs as dependency and 
                        indemnity compensation.

    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 Surviving Spouses Equity 
Act''.

SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM 
              SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES.

    (a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title 
10, United States Code, and subsection (c)(2) of section 1451 of such 
title are repealed.
    (b) Effective Date.--The amendments made by subsection (a)--
            (1) shall take effect on the later of October 1, 2005, and 
        the date of the enactment of this Act; and
            (2) shall apply with respect to payment of annuities under 
        subchapter II of chapter 73 of title 10, United States Code, 
        for months beginning on or after that date.
    (c) Recoupment of Certain Amounts Previously Refunded to SPB 
Recipients.--(1) A surviving spouse who is in receipt of an SBP annuity 
that is in effect before the date specified in subsection (b) and that 
is adjusted by reason of the amendments made by subsection (a) and who 
had previously received an SBP retired pay refund shall repay an amount 
determined under paragraph (2). Any such repayment shall be made in the 
same manner as a repayment under subsection (k)(2) of section 1450 of 
title 10, United States Code, as in effect on the date of the enactment 
of this Act.
    (2) The amount of a repayment under paragraph (1) shall be the 
amount that bears the same ratio to the amount of that refund as the 
surviving spouse's life expectancy (determined in accordance with 
standard actuarial practices) bears to the anticipated total duration 
of the annuity (determined as the sum of such life expectancy and the 
duration of the annuity already received).
    (3) In this subsection:
            (A) The term ``SBP annuity'' means an annuity under the 
        program established under subchapter II of chapter 73 of title 
        10, United States Code.
            (B) The term ``SBP retired pay refund'' means a refund 
        under subsection (e) of section 1450 of title 10, United States 
        Code, as in effect before the date specified in subsection (b).
                                 <all>