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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9852 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9852
To establish an open season for enrollment in the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States Code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 25, 2024
Mrs. Steel introduced the following bill; which was referred to the
Committee on Armed Services
_______________________________________________________________________
A BILL
To establish an open season for enrollment in the Survivor Benefit Plan
under subchapter II of chapter 73 of title 10, United States Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SURVIVOR BENEFIT PLAN OPEN SEASON.
(a) Elections by Persons Not Currently Participating in Survivor
Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open season described in subsection (e).
(2) Eligible retired or former members.--For purposes of
paragraph (1), an eligible retired or former member is a member
or former member of the uniformed services who, on or before
the day before the first day of the open season described in
subsection (e)--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
1223 of title 10, United States Code (or chapter 67 of
such title as in effect before October 5, 1994), but
for the fact that such member or former member is under
60 years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (2)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(4) Premiums for open season.--
(A) Premiums to be charged.--The Secretary of
Defense shall prescribe in regulations premiums that a
person who makes an election under paragraph (1) shall
be required to pay for participating in the Survivor
Benefit Plan pursuant to the election.
(B) Amount of premiums.--The total amount of the
premiums to be paid by a person under the regulations
prescribed under subparagraph (A) shall be equal to the
sum of--
(i) the total amount by which the retired
pay of the person would have been reduced
before the effective date of the election under
subsection (d) if the person had elected to
participate in the Survivor Benefit Plan (for
the same base amount specified in the election)
at the first opportunity that was afforded the
person to participate under chapter 73 of title
10, United States Code;
(ii) interest on the amount by which the
retired pay of the person would have been so
reduced, computed from the date on which the
retired pay would have been so reduced at such
rate or rates and according to such methodology
as the Secretary determines reasonable; and
(iii) any additional amount that the
Secretary determines necessary to protect the
actuarial soundness of the Department of
Defense Military Retirement Fund against any
increased risk for the fund that is associated
with the election.
(C) Premiums to be credited to retirement fund.--
Premiums paid under the regulations prescribed under
subparagraph (A) shall be credited to the Department of
Defense Military Retirement Fund.
(b) Elections by Persons Currently Participating in Survivor
Benefit Plan.--
(1) Election to change insurable interest or former spouse
beneficiary.--A person participating in the Survivor Benefit
Plan on the day before the first day of the open season
described in subsection (e) may elect to change a previous
election of insurable interest or former spouse beneficiary to
provide an annuity to a spouse or dependent child.
(2) Election to discontinue sbp participation.--
(A) Authority.--A person participating in the
Survivor Benefit Plan on the day before the first day
of the open season described in subsection (e) may
elect to discontinue such participation during the open
season.
(B) Consent of beneficiaries.--
(i) In general.--Except as provided in
clause (ii), a person described in subparagraph
(A) may not make an election under that
paragraph without the concurrence of--
(I) each designated beneficiary of
such person under the Survivor Benefit
Plan; and
(II) the spouse of such person, if
such person is married.
(ii) Exception when beneficiary
unavailable.--A person may make an election
under subparagraph (A) without a concurrence
required under clause (ii) if the person
establishes to the satisfaction of the
Secretary concerned--
(I) that the whereabouts of the
spouse or beneficiary, as the case may
be, cannot be determined; or
(II) that, due to exceptional
circumstances, requiring the person to
seek the consent of the spouse or
beneficiary, as the case may be, would
otherwise be inappropriate.
(C) Treatment of premiums.--
(i) Discontinuation of reductions in pay.--
As of the effective date under subsection (d)
of an election by a person under subparagraph
(A), the Secretary concerned shall discontinue
the reduction being made in the retired pay of
the person arising from participation in the
Survivor Benefit Plan or, in the case of a
person who has been required to make deposits
in the Treasury on account of participation in
the Survivor Benefit Plan, that person may
discontinue making such deposits effective on
such effective date.
(ii) Treatment of previous reductions.--A
person who makes an election under subparagraph
(A) is not entitled to a refund of any
reduction or deposit described in clause (i)
made before such effective date.
(c) Manner of Making Elections.--
(1) In general.--An election under subsection (a) or (b)
shall be made in writing, signed by the person making the
election, and received by the Secretary concerned before the
end of the open season described in subsection (e).
(2) Conditions.--Except as provided in paragraph (3), an
election under subsection (a) shall be made subject to the same
conditions, and with the same opportunities for designation of
beneficiaries and specification of base amount, that apply
under the Survivor Benefit Plan.
(3) Election must be voluntary.--An election under
subsection (a) or (b) is not effective unless the person making
the election declares the election to be voluntary. An election
under subsection (a) or (b) to participate or not to
participate in the Survivor Benefit Plan may not be required by
any court. An election by a person under subsection (a) to
participate in the Survivor Benefit Plan is not subject to the
concurrence of a spouse or former spouse of the person.
(4) Designation with respect to reserve-component
annuity.--A person making an election under subsection (a) to
provide a reserve-component annuity shall make a designation
described in section 1448(e) of title 10, United States Code.
(d) Effective Date for Elections.--An election under subsection (a)
or (b) shall be effective on the first day of the first calendar month
following the month in which the election is received by the Secretary
concerned.
(e) Open Season Described.--The open season described in this
subsection is the period beginning on the date of the enactment of this
Act and ending on December 31, 2025.
(f) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1450, 1453, and 1454 of title 10, United States Code,
are applicable to a person making an election, and to an election,
under subsection (a) or (b) in the same manner as if the election were
made under the Survivor Benefit Plan.
(g) Definitions.--In this section:
(1) The terms ``base amount'', ``reserve-component
annuity'', and ``standard annuity'' have the meanings given
those terms in section 1447 of title 10, United States Code.
(2) The term ``Department of Defense Military Retirement
Fund'' means the fund established under section 1461(a) of
title 10, United States Code.
(3) The term ``retired pay'' includes retainer pay.
(4) The terms ``Secretary concerned'' and ``uniformed
services'' have the meanings given those terms in section 101
of title 37, United States Code.
(5) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Armed Services.
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