I 

108TH CONGRESS 

1ST SESSION H. R. 1592

To amend title 10, United States Code, to repeal the two-tier annuity computation system applicable to annuities for surviving spouses under the 

Survivor Benefit Plan for retired members of the Armed Forces so 

that there is no reduction in such an annuity when the beneficiary 

becomes 62 years of age. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 3, 2003

Mr. FILNER 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 twotier annuity computation system applicable to annuities 

for surviving spouses under the Survivor Benefit Plan 

for retired members of the Armed Forces so that there 

is no reduction in such an annuity when the beneficiary 

becomes 62 years of age.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Survivors Eq5 uity Act of 2003’’. 
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1 SEC. 2. TERMINATION OF TWO-TIER ANNUITY COMPUTA2 TION AND SOCIAL SECURITY OFFSET UNDER 

3 MILITARY SURVIVOR BENEFIT PLAN. 

4 (a) TERMINATION.—Section 1451 of title 10, United 

5 States Code, is amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by striking out 

8 ‘‘shall be’’ in the matter preceding subpara9 graph (A) and all that follows in that para10 graph and inserting in lieu thereof ‘‘shall be the 

11 amount equal to 55 percent of the base 

12 amount.’’; and 

13 (B) in paragraph (2), by striking out 

14 ‘‘shall be’’ in the matter preceding subpara15 graph (A) and all that follows in that para16 graph and inserting in lieu thereof ‘‘shall be the 

17 amount equal to a percentage of the base 

18 amount that—

19 ‘‘(A) is less than 55 percent; and 

20 ‘‘(B) is determined under subsection (f).’’; 

21 and 

22 (2) in paragraph (1) of subsection (c), by strik23 ing out ‘‘shall be’’ in the matter preceding subpara24 graph (A) and all that follows in that paragraph and 

25 inserting in lieu thereof ‘‘shall be the amount equal 

26 to 55 percent of the retired pay to which the mem-
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1 ber or former member would have been entitled if 

2 the member or former member had been entitled to 

3 that pay based upon his years of active service when 

4 he died.’’. 

5 (b) REPEAL OF REQUIREMENT FOR REDUCTION OF

6 ANNUITY AT AGE 62.—Such section is further amended 

7 by striking out subsection (d). 

8 (c) REPEAL OF ALTERNATIVE COMPUTATION FOR

9 CERTAIN BENEFICIARIES FOR WHOM SOCIAL SECURITY

10 OFFSET WAS MORE BENEFICIAL THAN TWO-TIER COM11 PUTATION.—Such section is further amended by striking 

12 out subsection (e). 

13 (d) CONFORMING AMENDMENT.—Subsection (f) of 

14 such section is amended by striking out ‘‘(a)(2), (b)(2), 

15 or (e)(2)(B)’’ and inserting in lieu thereof ‘‘(a)(2) or 

16 (b)(2)’’. 

17 (e) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply to payment of annuities for months 

19 that begin after the date of the enactment of this Act. 

20 (f) RECOMPUTATION OF EXISTING ANNUITIES.—In 

21 the case of a person who is a beneficiary under the Sur22 vivor Benefit Plan established by subchapter II of chapter 

23 73 of title 10, United States Code, on the date of the en24 actment of this Act, the Secretary concerned (as defined 

25 in section 101 of title 37, United States Code) shall re-
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1 compute the amount of that person’s annuity as necessary 

2 to reflect the amendments made by this section.

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