[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 185 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 185

 To amend title 10, United States Code, to repeal the requirement for 
the reduction of certain Survivor Benefit Plan annuities by the amount 
 of dependency and indemnity compensation and to modify the effective 
       date for paid-up coverage under the Survivor Benefit Plan.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2005

Mr. Nelson of Florida (for himself, Mr. Corzine, Mr. Hagel, Mr. Durbin, 
and Mr. Dayton) 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 repeal the requirement for 
the reduction of certain Survivor Benefit Plan annuities by the amount 
 of dependency and indemnity compensation and to modify the effective 
       date for paid-up coverage under the Survivor Benefit Plan.

    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 Retiree Survivor Benefit 
Equity Act of 2005''.

SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY 
              DEPENDENCY AND INDEMNITY COMPENSATION.

    (a) Repeal.--Subchapter II of chapter 73 of title 10, United States 
Code is amended--
            (1) in section 1450(c)(1), by inserting after ``to whom 
        section 1448 of this title applies'' the following: ``(except 
        in the case of a death as described in subsection (d) or (f) of 
        such section)''; and
            (2) in section 1451(c)--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (2) and (3), respectively.
    (b) Prohibition on Retroactive Benefits.--No benefits may be paid 
to any person for any period before the effective date provided under 
subsection (e) by reason of the amendments made by subsection (a).
    (c) Prohibition on Recoupment of Certain Amounts Previously 
Refunded to SBP Recipients.--A surviving spouse who is or has been in 
receipt of an annuity under the Survivor Benefit Plan under subchapter 
II of chapter 73 of title 10, United States Code, that is in effect 
before the effective date provided under subsection (e) and that is 
adjusted by reason of the amendments made by subsection (a) and who has 
received a refund of retired pay under section 1450(e) of title 10, 
United States Code, shall not be required to repay such refund to the 
United States.
    (d) Reconsideration of Optional Annuity.--Section 1448(d)(2) of 
title 10, United States Code, is amended by adding at the end the 
following new sentences: ``The surviving spouse, however, may elect to 
terminate an annuity under this subparagraph in accordance with 
regulations prescribed by the Secretary concerned. Upon such an 
election, payment of an annuity to dependent children under this 
subparagraph shall terminate effective on the first day of the first 
month that begins after the date on which the Secretary concerned 
receives notice of the election, and, beginning on that day, an annuity 
shall be paid to the surviving spouse under paragraph (1) instead.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the later of--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted.

SEC. 3. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER SURVIVOR BENEFIT 
              PLAN.

    Section 1452(j) of title 10, United States Code, is amended by 
striking ``October 1, 2008'' and inserting ``October 1, 2005''.
                                 <all>