Plain English summary not yet available
The full original text is available below. Check back soon as we process this bill.
II
117TH CONGRESS
1ST SESSION
S. 1669
To amend title 10, United States Code, to direct the forgiveness or offset
of an overpayment of retired pay paid to a joint account for a period
after the death of the retired member of the Armed Forces.
IN THE SENATE OF THE UNITED STATES
MAY 18, 2021
Mr. PORTMAN (for himself, Ms. WARREN, Mr. CRAMER, Mr. BOOZMAN, and
Mr. MENENDEZ) 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 direct the forgive-
ness or offset of an overpayment of retired pay paid
to a joint account for a period after the death of the
retired member of the Armed Forces.
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 ‘‘Military Retiree Sur-
4
vivor Comfort Act’’.
5
VerDate Sep 11 2014
02:18 May 28, 2021
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\S1669.IS
S1669
kjohnson on DSK79L0C42PROD with BILLS
2
•S 1669 IS
SEC. 2. FORGIVENESS OR OFFSET OF OVERPAYMENT OF
1
RETIRED PAY PAID TO A JOINT ACCOUNT
2
FOR A PERIOD AFTER THE DEATH OF THE
3
RETIRED MEMBER OF THE ARMED FORCES.
4
(a) WHEN PAYMENT DEPOSITED
TO JOINT AC-
5
COUNT.—Section 2771 of title 10, United States Code, is
6
amended by adding at the end the following new sub-
7
section:
8
‘‘(e) In the case of overpayment of retired or retainer
9
pay, arising from payment of such retired or retainer pay
10
for any period after the date of the death of a recipient
11
through the last day of the month in which such death
12
occurs, if such payment is electronically deposited in an
13
accredited financial institution to a joint account bearing
14
the name of the decedent and another individual who is
15
the decedent’s designated beneficiary under subsection
16
(a)(1), the Secretary of Defense—
17
‘‘(1) if the decedent is an individual to whom
18
section 1448 of this title applies, shall elect to—
19
‘‘(A) forgive the overpayment on behalf of
20
the United States; or
21
‘‘(B) offset the overpayment pursuant to
22
section 1450(n) of this title; or
23
‘‘(2) if the decedent is not an individual to
24
whom section 1448 of this title applies, shall forgive
25
the overpayment on behalf of the United States.’’.
26
VerDate Sep 11 2014
02:18 May 28, 2021
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\S1669.IS
S1669
kjohnson on DSK79L0C42PROD with BILLS
3
•S 1669 IS
(b) COORDINATION
WITH
SURVIVOR
BENEFIT
1
PLAN.—Section 1450 of title 10, United States Code, is
2
amended—
3
(1) in subsection (a), by inserting ‘‘, or that ap-
4
plies under subsection (n)’’ after ‘‘under subsection
5
(j)’’; and
6
(2) by adding at the end the following new sub-
7
section:
8
‘‘(n) SPECIAL RULE IN CASE OF CERTAIN FINAL RE-
9
TIRED PAY OVERPAYMENT.—In a case described in sec-
10
tion 2771(e) of this title, if the individual described in that
11
subsection other than the decedent is the beneficiary of
12
the decedent under the Plan, each of the first 12 pay-
13
ments, following the death of the decedent, of the annuity
14
payable to the decedent’s beneficiary under the Plan, shall
15
be reduced by one-twelfth of such overpayment.’’.
16
(c) EFFECTIVE DATE.—The amendments made by
17
this section shall apply with respect to payments made to
18
persons who die on or after the date of the enactment of
19
this Act.
20
Æ
VerDate Sep 11 2014
02:18 May 28, 2021
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\S1669.IS
S1669
kjohnson on DSK79L0C42PROD with BILLS