[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 463 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 463
To amend title 10, United States Code, to provide for forgiveness of
certain overpayments of retired pay paid to deceased retired members of
the Armed Forces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2019
Mr. Jones introduced the following bill; which was referred to the
Committee on Armed Services
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A BILL
To amend title 10, United States Code, to provide for forgiveness of
certain overpayments of retired pay paid to deceased retired members of
the Armed Forces.
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 Comfort
Act''.
SEC. 2. FORGIVENESS OF CERTAIN OVERPAYMENTS OF RETIRED PAY PAID FOR
PERIODS AFTER DEATH OF RETIRED MEMBERS.
(a) Forgiveness When Payments Deposited to Joint Accounts.--Section
2771 of title 10, United States Code, is amended by adding at the end
the following new subsection:
``(e) The United States shall forgive any overpayment of retired or
retainer pay arising from payment of such retired or retainer pay for
any period after the date of the death of the recipient through the
last day of the month in which such death occurs if such payment is
electronically deposited in an accredited financial institution to a
joint account bearing the name of the decedent and another individual
who is the decedent's designated beneficiary under subsection
(a)(1).''.
(b) Coordination With Survivor Benefit Plan.--Section 1450 of title
10, United States Code, is amended--
(1) in subsection (a), by inserting ``or that applies under
subsection (n)'' after ``under subsection (j)''; and
(2) by adding at the end the following new subsection:
``(n) Special Effective Date Rule When Final Retired Pay
Overpayment Is Forgiven.--
``(1) Annuity effective on first day of month after
death.--In a case covered by paragraph (2), an annuity payable
to a surviving spouse shall be effective on the first day of
the first month beginning after the death of the person to whom
section 1448 of this title applies, rather than on the date
otherwise applicable under subsection (a).
``(2) Covered cases.--Paragraph (1) applies in a case in
which--
``(A) there is an overpayment of retired pay of a
person to whom section 1448 of this title applies that
is forgiven pursuant to section 2771(e) of this title;
and
``(B) the person who is the designated beneficiary
of such person under section 2771(a)(1) of this title
is the surviving spouse of such person.''.
(c) Effective Date.--Subsection (e) of section 2771 of title 10,
United States Code, as added by subsection (a), shall apply with
respect to payments made to persons who die on or after the date of the
enactment of this Act.
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