Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or would be entitled to such pay, except for being under 60 years of age.
Prohibits recoupment by the Secretary of Defense (DOD) of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 734 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 734
To amend title 10, United States Code, to repeal the requirement for
reduction of survivor annuities under the Survivor Benefit Plan by
veterans' dependency and indemnity compensation.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 16, 2013
Mr. Nelson (for himself and Ms. Collins) introduced the following bill;
which was read twice and referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to repeal the requirement for
reduction of survivor annuities under the Survivor Benefit Plan by
veterans' dependency and indemnity compensation.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. REPEAL OF REQUIREMENT OF REDUCTION OF SURVIVOR BENEFITS PLAN
SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY
COMPENSATION.
(a) Repeal.--
(1) In general.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e);
(ii) by striking subsection (k); and
(iii) by striking subsection (m).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d) of such title is amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)(B), the Secretary concerned'' and inserting ``The
Secretary concerned''; and
(2) in paragraph (2)--
(A) by striking ``Dependent children.--'' and all
that follows through ``In the case of a member
described in paragraph (1),'' and inserting ``Dependent
children annuity when no eligible surviving spouse.--In
the case of a member described in paragraph (1),''; and
(B) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--The sections and the amendments made by this
section shall take effect on the later of--
(1) the first day of the first month that begins after the
date of the enactment of this Act; or
(2) the first day of the fiscal year that begins in the
calendar year in which this Act is enacted.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
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