What This Bill Does
This bill allows surviving spouses of military members and veterans who die in line of duty to keep receiving certain benefits even if they remarry. The bill changes rules that previously stopped these benefits when a surviving spouse got married again.
Who It Affects
Surviving spouses of members of the Armed Forces who die in line of duty. Surviving spouses of veterans. The Secretary of Defense and the Secretary of Veterans Affairs (the government officials who manage these benefits).
Key Provisions
• Surviving spouses can continue receiving annuity payments (money paid regularly as a benefit) even if they remarry, as long as they meet certain requirements (Sec. 2)
• For surviving spouses who remarried before age 55 and before this law passes, the Secretary must restart their annuity payments (Sec. 2)
• Surviving spouses can continue receiving dependency and indemnity compensation (monthly payments for surviving family members) even if they remarry (Sec. 3)
• For surviving spouses who remarried before age 57 and before this law passes, the Secretary must restart their dependency and indemnity compensation payments beginning the first day of the first month after the law passes (Sec. 3)
What Changes
The rule that stopped benefits when surviving spouses remarried is removed. Surviving spouses who lost benefits because they remarried before reaching certain ages will have those benefits started again.
Important Definitions
None defined in the bill text.
Effective Date
Dependency and indemnity compensation payments resume on the first day of the first month after the law is enacted. Not specified in bill text for other provisions.
I
118TH CONGRESS
1ST SESSION
H. R. 854
To amend titles 10 and 38, United States Code, to expand certain benefits
for surviving spouses of members of the Armed Forces who die in
line of duty, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2023
Mr. WALTZ (for himself, Mr. MOULTON, Mr. BACON, and Mr. CROW) intro-
duced the following bill; which was referred to the Committee on Armed
Services, and in addition to the Committee on Veterans’ Affairs, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
A BILL
To amend titles 10 and 38, United States Code, to expand
certain benefits for surviving spouses of members of the
Armed Forces who die in line of duty, and for other
purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Captain James C.
4
Edge Gold Star Spouse Equity Act’’.
5
VerDate Sep 11 2014
00:17 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H854.IH
H854
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 854 IH
SEC. 2. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT
1
PLAN FOR CERTAIN SURVIVING SPOUSES
2
WHO REMARRY.
3
Section 1450(b)(2) of title 10, United States Code,
4
is amended—
5
(1) by striking ‘‘An annuity’’ and inserting
6
‘‘(A) Subject to subparagraph (B), an annuity’’; and
7
(2) by adding at the end the following new sub-
8
paragraph:
9
‘‘(B) The Secretary may not terminate payment
10
of an annuity for a surviving spouse described in
11
subparagraph (A) or (B) of section 1448(d)(1) solely
12
because that surviving spouse remarries. In the case
13
of a surviving spouse who remarried before reaching
14
age 55 and before the date of the enactment of the
15
Captain James C. Edge Gold Star Spouse Equity
16
Act, the Secretary shall resume payment of the an-
17
nuity to that surviving spouse for each month after
18
the date of the enactment of that Act.’’.
19
SEC. 3. CONTINUED ELIGIBILITY FOR DEPENDENCY AND
20
INDEMNITY COMPENSATION FOR SURVIVING
21
SPOUSES WHO REMARRY.
22
(a) IN GENERAL.—Section 103(d) of title 38, United
23
States Code, is amended—
24
(1) in paragraph (2)(B), by adding at the end
25
the following: ‘‘The remarriage of a surviving spouse
26
VerDate Sep 11 2014
00:17 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H854.IH
H854
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 854 IH
shall not bar the furnishing of benefits under section
1
1311 of this title to the surviving spouse of a vet-
2
eran.’’; and
3
(2) in paragraph (5), by striking subparagraph
4
(A) and renumbering subparagraphs (B) through
5
(E) as subparagraphs (A) through (D), respectively.
6
(b) RESUMPTION OF PAYMENTS TO CERTAIN INDI-
7
VIDUALS PREVIOUSLY DENIED DEPENDENCY AND IN-
8
DEMNITY COMPENSATION.—Beginning on the first day of
9
the first month after the date of the enactment of this
10
Act, the Secretary shall resume payment of dependency
11
and indemnity compensation under section 1311 of such
12
title to each living individual who—
13
(1) is the surviving spouse of a veteran; and
14
(2) remarried before—
15
(A) reaching age 57; and
16
(B) the date of the enactment of this Act.
17
Æ
VerDate Sep 11 2014
00:17 Mar 02, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H854.IH
H854
pbinns on DSKJLVW7X2PROD with $$_JOB