I 

108TH CONGRESS 

1ST SESSION H. R. 1726

To amend title 10, United States Code, to repeal the offset from surviving 

spouse annuities under the military Survivor Benefit Plan for amounts 

paid by the Secretary of Veterans Affairs as dependency and indemnity 

compensation. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 10, 2003

Mr. BROWN of South Carolina (for himself, Mr. ANDREWS, Mr. BARTLETT

of Maryland, Mr. CARSON of Oklahoma, Ms. CARSON of Indiana, Mr. 

FILNER, Mr. FROST, Mr. GILLMOR, Mr. HEFLEY, Mr. LAHOOD, Ms. 

LEE, Mr. MCINTYRE, Mr. MILLER of Florida, Mr. MORAN of Virginia, 

Mr. PAUL, Mr. REYES, Mr. SANDLIN, and Mr. WILSON of South Carolina) 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 offset 

from surviving spouse annuities under the military Survivor Benefit Plan for amounts paid by the Secretary 

of Veterans Affairs as dependency and indemnity compensation.

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 Surviving 

5 Spouses Equity Act’’. 
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1 SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COM2 PENSATION OFFSET FROM SURVIVOR BEN3 EFIT PLAN SURVIVING SPOUSE ANNUITIES. 

4 (a) REPEAL.—Subsections (c), (e), and (k) of section 

5 1450 of title 10, United States Code, and subsection (c)(2) 

6 of section 1451 of such title are repealed. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a)—

9 (1) shall take effect on the later of October 1, 

10 2003, and the date of the enactment of this Act; and 

11 (2) shall apply with respect to payment of an12 nuities under subchapter II of chapter 73 of title 10, 

13 United States Code, for months beginning on or 

14 after that date. 

15 (c) RECOUPMENT OF CERTAIN AMOUNTS PRE16 VIOUSLY REFUNDED TO SPB RECIPIENTS.—(1) A sur17 viving spouse who is in receipt of an SBP annuity that 

18 is in effect before the date specified in subsection (b) and 

19 that is adjusted by reason of the amendments made by 

20 subsection (a) and who had previously received an SBP 

21 retired pay refund shall repay an amount determined 

22 under paragraph (2). Any such repayment shall be made 

23 in the same manner as a repayment under subsection 

24 (k)(2) of section 1450 of title 10, United States Code, as 

25 in effect on the date of the enactment of this Act. 
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1 (2) The amount of a repayment under paragraph (1) 

2 shall be the amount that bears the same ratio to the 

3 amount of that refund as the surviving spouse’s life ex4 pectancy (determined in accordance with standard actu5 arial practices) bears to the anticipated total duration of 

6 the annuity (determined as the sum of such life expectancy 

7 and the duration of the annuity already received). 

8 (3) In this subsection: 

9 (A) The term ‘‘SBP annuity’’ means an annu10 ity under the program established under subchapter 

11 II of chapter 73 of title 10, United States Code. 

12 (B) The term ‘‘SBP retired pay refund’’ means 

13 a refund under subsection (e) of section 1450 of title 

14 10, United States Code, as in effect before the date 

15 specified in subsection (b).

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