[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2540 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2540

To amend title 38, United States Code, to provide for the treatment of 
  period of service in uniformed services as continued employment for 
  purposes of pension and retirement benefits for individuals who die 
                     during the period of service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 24, 2007

Mr. Pomeroy (for himself and Mr. Hastings of Washington) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide for the treatment of 
  period of service in uniformed services as continued employment for 
  purposes of pension and retirement benefits for individuals who die 
                     during the period of service.

    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 ``Honoring Existing Retirement 
Obligations for Every Servicemember Act of 2007''.

SEC. 2. TREATMENT OF PERIOD OF SERVICE IN UNIFORMED SERVICES AS 
              CONTINUED EMPLOYMENT FOR PURPOSES OF PENSION AND 
              RETIREMENT BENEFITS FOR INDIVIDUALS WHO DIE DURING THE 
              PERIOD OF SERVICE.

    (a) In General.--Chapter 43 of title 38, United States Code, is 
amended--
            (1) in section 4312(f)--
                    (A) in paragraph (1), by striking ``paragraph (2)'' 
                and inserting ``paragraphs (2) and (4)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(4) In the case of a person referred to in subsection (a) who 
dies during the period of service in the uniformed services, a 
surviving relative of the person shall notify the employer referred to 
in that subsection of the person's death as soon as possible after the 
death of the person.''; and
            (2) in section 4318, by adding at the end the following new 
        subsection:
    ``(d) In the case of a person referred to in subsection (a) of 
section 4312 who dies during the period of service in the uniformed 
services, the employer referred to in that subsection shall, upon 
receipt of notice of the person's death, for purposes of any benefit 
covered by this section, treat the person as not having incurred a 
break in service with the employer or employers maintaining the plan 
until the date of the person's death. That person shall have the same 
rights under this section as a person reemployed under this chapter and 
that employer shall be liable under this section with respect to that 
person in the same manner the employer is liable to a person reemployed 
under this section.''.
    (b) Effective Date.--The amendments made by this Act shall apply 
with respect to a person who dies on or after January 1, 2007.
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