110 HR 1589 IH: Military Surviving Spouses Equity U.S. House of Representatives 2007-03-20 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1589 IN THE HOUSE OF REPRESENTATIVES March 20, 2007 Mr. Brown of South Carolina (for himself and Mr. Tom Davis of Virginia) 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, to repeal the optional annuity authority for the dependent children of a member when there is an eligible surviving spouse, and for other purposes.

1.

Short title

This Act may be cited as the Military Surviving Spouses Equity Act.

2.

Repeal of dependency and indemnity compensation offset from survivor benefit plan surviving spouse annuities and optional annuity authority

(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(e), and (k) of section 1450 of title 10, United States Code, and subsection (c)(2) of section 1451 of such title are repealed.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)

Recoupment of Certain Amounts Previously Refunded to SPB Recipients

(1)

Repayment required

A surviving spouse who is in receipt of an SBP annuity that is in effect before the effective date of the amendments made by subsection (a) and that is adjusted by reason of such amendments 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 day before the effective date of such amendments. (2)

Amount of repayment

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)

Waiver of repayment

The Secretary of Defense may waive the requirement that a surviving spouse make a repayment under paragraph (1) if the Secretary determines that— (A)hardship or other circumstances make repayment unwarranted; or (B)requiring repayment would otherwise not be in the best interests of the United States. (4)

Definitions

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 effective date of the amendments made by subsection (a). (c)

Repeal of Optional Annuity Authority

Subsection (d) of section 1448 of title 10, United States Code, is amended— (1)in paragraph (1), by striking Except as provided in paragraph (2)(B), the Secretary and inserting The Secretary; and (2)by striking paragraph (2) and inserting the following new paragraph: (2)

Payment of annuity to dependent children when no eligible surviving spouse

In the case of a member described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(2) of this title when there is no eligible surviving spouse. . (d)

Restoration of Eligibility for Previously Eligible Surviving Spouses

(1)

Restoration

The Secretary of Defense shall restore eligibility for an annuity under subchapter II of chapter 73 of title 10, United States Code, to any eligible surviving spouse who, before the effective date of the amendments made by subsection (c), agreed to transfer payment of such annuity to a surviving child or children of a member of the Armed Forces under section 1448(d)(2)(B) of such title, as in effect before such effective date. Such eligibility shall be restored whether or not payment to such child or children subsequently was terminated due to loss of dependent status or death. (2)

Definition

In this subsection, the term eligible surviving spouse includes a person who was previously eligible for payment of such annuity as the spouse of a member of the Armed Forces and is unremarried after the death of the member, is remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce, or annulment. (e)

Effective date and application of amendments

(1)

Effective date

The amendments made by this section shall take effect on the later of— (A)October 1, 2007; and (B)the date of the enactment of this Act. (2)

Applicability

The amendments made by subsections (a) and (c) 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 the effective date of such amendments under paragraph (1).