Requires the early mailing of benefit checks for military retired and retainer pay, Retired Serviceman's Family Protection Plan annuities, and military Survivor Benefit Plan annuities if the day regularly designated for the delivery of such checks falls on a Saturday, Sunday, or legal holiday.
HR 803 IH 102d CONGRESS 1st Session H. R. 803 To amend title 10, United States Code, to ensure that checks for military retired and retainer pay and to pay benefits under the Retired Serviceman's Family Protection Plan and the Survivor Benefit Plan are delivered early if the usual delivery date falls on a Saturday, Sunday, or holiday. IN THE HOUSE OF REPRESENTATIVES February 5, 1991 Mr. DWYER of New Jersey (for himself, Mr. POSHARD, Mr. WILSON, Mr. FOGLIETTA, Mr. KANJORSKI, Mr. VALENTINE, Mr. HANSEN, Mr. SMITH of Florida, Mr. ERDREICH, Mr. BILBRAY, Mr. ROE, Mr. HORTON, Mr. SLATTERY, Mr. HUGHES, Mr. BOUCHER, Mr. GAYDOS, Mr. JEFFERSON, Mr. HERTEL, Mr. JONTZ, Mr. GUARINI, and Mr. BEVILL) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to ensure that checks for military retired and retainer pay and to pay benefits under the Retired Serviceman's Family Protection Plan and the Survivor Benefit Plan are delivered early if the usual delivery date falls on a Saturday, Sunday, or holiday. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EARLY DELIVERY OF RETIRED AND RETAINER PAY AND MILITARY SURVIVOR ANNUITY CHECKS. (a) RETIRED AND RETAINER PAY- (1) Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: `Sec. 1413. Early delivery of checks `(a) If the day regularly designated for the delivery of checks used to pay retired or retainer pay under this chapter falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the checks that would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would have to be made before the end of the month for which such checks are issued. `(b) If more than the correct amount of retired or retainer pay authorized under this chapter is made to any individual solely as a result of the receipt of a check pursuant to subsection (a) before the end of the month for which such check is issued, no action shall be taken to recover such payment or the incorrect portion thereof.'. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: `1413. Early delivery of checks.'. (b) SURVIVOR ANNUITY CHECKS- (1) Section 1437(a) of such title is amended-- (1) by inserting `(1)' after `(a)'; and (2) by adding at the end the following new paragraph: `(2)(A) If the day regularly designated for the delivery of checks used to pay an annuity under this subchapter falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the checks that would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would have to be made before the end of the month for which such checks are issued. `(B) If more than the correct amount of annuity authorized under this subchapter is made to any individual solely as a result of the receipt of a check pursuant to subparagraph (A) before the end of the month for which such check is issued, no action shall be taken to recover the amount paid or the incorrect portion thereof.'. (2) Section 1450(a) of such title is amended by adding at the end the following new subsection: `(m)(1) If the day regularly designated for the delivery of checks used to pay an annuity under the Plan falls on a Saturday, Sunday, or legal public holiday (as defined in section 6103 of title 5) in any month, the checks that would otherwise be delivered on such day shall be mailed for delivery on the first day preceding such day which is not a Saturday, Sunday, or legal public holiday (as so defined), without regard to whether the delivery of such checks would have to be made before the end of the month for which such checks are issued. `(2) If more than the correct amount of annuity authorized under this subchapter is made to any individual solely as a result of the receipt of a check pursuant to paragraph (1) before the end of the month for which such check is issued, no action shall be taken to recover the amount paid or the incorrect portion thereof.'. (c) EFFECTIVE DATE- The amendments made by this section shall apply with respect to any benefit check the regularly designated day for delivery of which occurs on or after the day that is 30 days after the date of the enactment of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
Executive Comment Requested from DOD.
Referred to the Subcommittee on Military Personnel and Compensation.
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