II 109th CONGRESS 1st Session S. 185 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.

1.

Short title

This Act may be cited as the Military Retiree Survivor Benefit Equity Act of 2005.

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.

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.