[Congressional Record Volume 167, Number 188 (Tuesday, October 26, 2021)]
[Senate]
[Pages S7376-S7377]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3882. Mr. PORTMAN (for himself and Ms. Warren) submitted an 
amendment intended to be proposed to amendment SA 3867 submitted by Mr. 
Reed and intended to be proposed to the bill H.R. 4350, to authorize 
appropriations for fiscal year 2022 for military activities of the 
Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the end of title VI, add the following:

[[Page S7377]]

  


     SEC. 607. FORGIVENESS OR OFFSET OF OVERPAYMENT OF RETIRED PAY 
                   PAID TO A JOINT ACCOUNT FOR A PERIOD AFTER THE 
                   DEATH OF THE RETIRED MEMBER OF THE ARMED 
                   FORCES.

       (a) When Payment Deposited to Joint Account.--Section 2771 
     of title 10, United States Code, is amended by adding at the 
     end the following new subsection:
       ``(e) In the case of 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 a 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), the Secretary 
     of Defense--
       ``(1) if the decedent is an individual to whom section 1448 
     of this title applies, shall elect to--
       ``(A) forgive the overpayment on behalf of the United 
     States; or
       ``(B) offset the overpayment pursuant to section 1450(n) of 
     this title; or
       ``(2) if the decedent is not an individual to whom section 
     1448 of this title applies, shall forgive the overpayment on 
     behalf of the United States.''.
       (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 Rule in Case of Certain Final Retired Pay 
     Overpayment.--In a case described in section 2771(e) of this 
     title, if the individual described in that subsection other 
     than the decedent is the beneficiary of the decedent under 
     the Plan, each of the first 12 payments, following the death 
     of the decedent, of the annuity payable to the decedent's 
     beneficiary under the Plan, shall be reduced by one-twelfth 
     of such overpayment.''.
       (c) Effective Date.--The amendments made by this section 
     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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