I 

109TH CONGRESS 

1ST SESSION H. R. 2986 

To amend title 10, United States Code, to allow a participant in the military 

Survivor Benefit Plan who has designated an insurable interest beneficiary under that plan to designate a new beneficiary upon the death 

of the previously designated beneficiary. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 20, 2005 

Mr. ANDREWS introduced the following bill; which was referred to the 

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to allow a participant 

in the military Survivor Benefit Plan who has designated 

an insurable interest beneficiary under that plan to designate a new beneficiary upon the death of the previously 

designated beneficiary. 

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 ‘‘Survivor Benefit Plan 

5 Insurable Interest Fairness Act’’. 
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1 SEC. 2. MILITARY SURVIVOR BENEFIT PLAN BENE2 FICIARIES UNDER INSURABLE INTEREST 

3 COVERAGE. 

4 (a) AUTHORITY TO DESIGNATE NEW BENE5 FICIARY.—Section 1448(b)(1) of title 10, United States 

6 Code, is amended— 

7 (1) by inserting ‘‘under subparagraph (F)’’ in 

8 the second sentence of subparagraph (E) after ‘‘elec9 tion’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(F) ELECTION OF NEW BENEFICIARY

13 UPON DEATH OF PREVIOUS BENEFICIARY.—If 

14 the reason for discontinuation in the Plan is the 

15 death of the beneficiary, the participant in the 

16 Plan may designate a new beneficiary. Any 

17 such beneficiary must be a natural person with 

18 an insurable interest in the participant. Such 

19 an election may be made only during the 180- 

20 day period beginning on the date of the death 

21 of the previous beneficiary. Such an election 

22 shall be in writing, signed by the participant, 

23 and made in such form and manner as the Sec24 retary concerned may prescribe. Such an elec25 tion shall be effective the first day of the first 
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1 month following the month in which the election 

2 is received by the Secretary.’’. 

3 (b) TRANSITION.— 

4 (1) TRANSITION PERIOD.—In the case of a per5 son who made a covered insurable-interest election 

6 under the Survivor Benefit Plan and whose des7 ignated beneficiary under that election dies before 

8 the date of the enactment of this Act or during the 

9 18-month period beginning on such date, the time 

10 period applicable for purposes of the limitation in 

11 the third sentence of subparagraph (F) of section 

12 1448(b)(1) of title 10, United States Code, as added 

13 by subsection (a), shall be the two-year period begin14 ning on the date of the enactment of this Act (rath15 er than the 180-day period specified in that sen16 tence). 

17 (2) COVERED INSURABLE-INTEREST ELEC18 TIONS.—For purposes of paragraph (1), a covered 

19 insurable-interest election is an election under sec20 tion 1448(b)(1) of title 10, United States Code, 

21 made before the date of the enactment of this Act, 

22 or during the 18-month period beginning on such 

23 date, by a participant in the military Survivor Ben24 efit Plan to provide an annuity under that plan to 
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1 a natural person with an insurable interest in that 

2 person. 

3 (3) SURVIVOR BENEFIT PLAN.—For purposes 

4 of this subsection, the term ‘‘Survivor Benefit Plan’’ 

5 means the program under subchapter II of chapter 

6 73 of title 10, United States Code. 

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