Military Retiree Survivor Comfort Act

Military Retiree Survivor Comfort Act - Requires the United States to forgive any overpayment of military retired or retainer pay for any period after the date of 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 the decedent's designated beneficiary.

Makes the effective date of annuity payments under the Survivor Benefit Plan the first day of the first month beginning after the death of the person for whom an overpayment is forgiven.

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2944 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 2944

 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 following death.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2003

 Mr. Jones of North Carolina introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 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 following death.

    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) 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 dying on or after the date of the 
enactment of this Act.
    (c) Coordination With Survivor Benefit Plan.--Section 1450 of title 
10, United States Code, is amended--
            (1) by inserting ``and subject to subsection (l)'' in 
        subsection (a) after ``under subsection (j)'' ; and
            (2) by adding at the end the following new subsection:
    ``(m) 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 the 
                person to whom section 1448 of this title applies that 
                is forgiven pursuant to subsection (e) of section 2771 
                of this title; and
                    ``(B) the person who is the designated beneficiary 
                of such person under subsection (a)(1) of such section 
                is the surviving spouse of such person.''.
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