Military Surviving Spouses Equity Act

I 116TH CONGRESS 1ST SESSION H. R. 553 To amend title 10, United States Code, to repeal the requirement for reduc- tion of survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indem- nity compensation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JANUARY 15, 2019 Mr. WILSON of South Carolina (for himself and Mr. YARMUTH) introduced the following bill; which was referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to repeal the require- ment for reduction of survivor annuities under the Sur- vivor Benefit Plan for military surviving spouses to offset the receipt of veterans dependency and indemnity com- pensation, 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 ‘‘Military Surviving 4 Spouses Equity Act’’. 5 VerDate Sep 11 2014 20:59 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H553.IH H553 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 553 IH SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SUR- 1 VIVOR BENEFIT PLAN SURVIVOR ANNUITIES 2 BY AMOUNT OF DEPENDENCY AND INDEM- 3 NITY COMPENSATION. 4 (a) REPEAL.— 5 (1) REPEAL.—Subchapter II of chapter 73 of 6 title 10, United States Code, is amended as follows: 7 (A) In section 1450, by striking subsection 8 (c). 9 (B) In section 1451(c)— 10 (i) by striking paragraph (2); and 11 (ii) by redesignating paragraphs (3) 12 and (4) as paragraphs (2) and (3), respec- 13 tively. 14 (2) CONFORMING AMENDMENTS.—Such sub- 15 chapter is further amended as follows: 16 (A) In section 1450— 17 (i) by striking subsection (e); and 18 (ii) by striking subsection (k). 19 (B) In section 1451(g)(1), by striking sub- 20 paragraph (C). 21 (C) In section 1452— 22 (i) in subsection (f)(2), by striking 23 ‘‘does not apply—’’ and all that follows 24 and inserting ‘‘does not apply in the case 25 VerDate Sep 11 2014 20:59 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H553.IH H553 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 553 IH of a deduction made through administra- 1 tive error.’’; and 2 (ii) by striking subsection (g). 3 (D) In section 1455(c), by striking ‘‘, 4 1450(k)(2),’’. 5 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 6 benefits may be paid to any person for any period before 7 the effective date provided under subsection (f) by reason 8 of the amendments made by subsection (a). 9 (c) PROHIBITION ON RECOUPMENT OF CERTAIN 10 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI- 11 ENTS.—A surviving spouse who is or has been in receipt 12 of an annuity under the Survivor Benefit Plan under sub- 13 chapter II of chapter 73 of title 10, United States Code, 14 that is in effect before the effective date provided under 15 subsection (f) and that is adjusted by reason of the 16 amendments made by subsection (a) and who has received 17 a refund of retired pay under section 1450(e) of title 10, 18 United States Code, shall not be required to repay such 19 refund to the United States. 20 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY 21 FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of 22 such title is amended— 23 (1) by striking ‘‘DEPENDENT CHILDREN.—’’ 24 and all that follows through ‘‘In the case of a mem- 25 VerDate Sep 11 2014 20:59 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H553.IH H553 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 553 IH ber described in paragraph (1),’’ and inserting ‘‘DE- 1 PENDENT CHILDREN.—In the case of a member de- 2 scribed in paragraph (1),’’; and 3 (2) by striking subparagraph (B). 4 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY 5 ELIGIBLE SPOUSES.—The Secretary of the military de- 6 partment concerned shall restore annuity eligibility to any 7 eligible surviving spouse who, in consultation with the Sec- 8 retary, previously elected to transfer payment of such an- 9 nuity to a surviving child or children under the provisions 10 of section 1448(d)(2)(B) of title 10, United States Code, 11 as in effect on the day before the effective date provided 12 under subsection (f). Such eligibility shall be restored 13 whether or not payment to such child or children subse- 14 quently was terminated due to loss of dependent status 15 or death. For the purposes of this subsection, an eligible 16 spouse includes a spouse who was previously eligible for 17 payment of such annuity and is not remarried, or remar- 18 ried after having attained age 55, or whose second or sub- 19 sequent marriage has been terminated by death, divorce 20 or annulment. 21 (f) EFFECTIVE DATE.—This section and the amend- 22 ments made by this section shall take effect on the later 23 of— 24 (1) October 1, 2019; and 25 VerDate Sep 11 2014 20:59 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H553.IH H553 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 553 IH (2) the first day of the first month that begins 1 after the date of the enactment of this Act. 2 Æ VerDate Sep 11 2014 20:59 Jan 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H553.IH H553 pamtmann on DSKBFK8HB2PROD with BILLS