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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9852 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9852

To establish an open season for enrollment in the Survivor Benefit Plan 
   under subchapter II of chapter 73 of title 10, United States Code.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 25, 2024

  Mrs. Steel introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To establish an open season for enrollment in the Survivor Benefit Plan 
   under subchapter II of chapter 73 of title 10, United States Code.

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

SECTION 1. SURVIVOR BENEFIT PLAN OPEN SEASON.

    (a) Elections by Persons Not Currently Participating in Survivor 
Benefit Plan.--
            (1) Election of sbp coverage.--An eligible retired or 
        former member may elect to participate in the Survivor Benefit 
        Plan during the open season described in subsection (e).
            (2) Eligible retired or former members.--For purposes of 
        paragraph (1), an eligible retired or former member is a member 
        or former member of the uniformed services who, on or before 
        the day before the first day of the open season described in 
        subsection (e)--
                    (A) is entitled to retired pay; or
                    (B) would be entitled to retired pay under chapter 
                1223 of title 10, United States Code (or chapter 67 of 
                such title as in effect before October 5, 1994), but 
                for the fact that such member or former member is under 
                60 years of age.
            (3) Status under sbp of persons making elections.--
                    (A) Standard annuity.--A person making an election 
                under paragraph (1) by reason of eligibility under 
                paragraph (2)(A) shall be treated for all purposes as 
                providing a standard annuity under the Survivor Benefit 
                Plan.
                    (B) Reserve-component annuity.--A person making an 
                election under paragraph (1) by reason of eligibility 
                under paragraph (2)(B) shall be treated for all 
                purposes as providing a reserve-component annuity under 
                the Survivor Benefit Plan.
            (4) Premiums for open season.--
                    (A) Premiums to be charged.--The Secretary of 
                Defense shall prescribe in regulations premiums that a 
                person who makes an election under paragraph (1) shall 
                be required to pay for participating in the Survivor 
                Benefit Plan pursuant to the election.
                    (B) Amount of premiums.--The total amount of the 
                premiums to be paid by a person under the regulations 
                prescribed under subparagraph (A) shall be equal to the 
                sum of--
                            (i) the total amount by which the retired 
                        pay of the person would have been reduced 
                        before the effective date of the election under 
                        subsection (d) if the person had elected to 
                        participate in the Survivor Benefit Plan (for 
                        the same base amount specified in the election) 
                        at the first opportunity that was afforded the 
                        person to participate under chapter 73 of title 
                        10, United States Code;
                            (ii) interest on the amount by which the 
                        retired pay of the person would have been so 
                        reduced, computed from the date on which the 
                        retired pay would have been so reduced at such 
                        rate or rates and according to such methodology 
                        as the Secretary determines reasonable; and
                            (iii) any additional amount that the 
                        Secretary determines necessary to protect the 
                        actuarial soundness of the Department of 
                        Defense Military Retirement Fund against any 
                        increased risk for the fund that is associated 
                        with the election.
                    (C) Premiums to be credited to retirement fund.--
                Premiums paid under the regulations prescribed under 
                subparagraph (A) shall be credited to the Department of 
                Defense Military Retirement Fund.
    (b) Elections by Persons Currently Participating in Survivor 
Benefit Plan.--
            (1) Election to change insurable interest or former spouse 
        beneficiary.--A person participating in the Survivor Benefit 
        Plan on the day before the first day of the open season 
        described in subsection (e) may elect to change a previous 
        election of insurable interest or former spouse beneficiary to 
        provide an annuity to a spouse or dependent child.
            (2) Election to discontinue sbp participation.--
                    (A) Authority.--A person participating in the 
                Survivor Benefit Plan on the day before the first day 
                of the open season described in subsection (e) may 
                elect to discontinue such participation during the open 
                season.
                    (B) Consent of beneficiaries.--
                            (i) In general.--Except as provided in 
                        clause (ii), a person described in subparagraph 
                        (A) may not make an election under that 
                        paragraph without the concurrence of--
                                    (I) each designated beneficiary of 
                                such person under the Survivor Benefit 
                                Plan; and
                                    (II) the spouse of such person, if 
                                such person is married.
                            (ii) Exception when beneficiary 
                        unavailable.--A person may make an election 
                        under subparagraph (A) without a concurrence 
                        required under clause (ii) if the person 
                        establishes to the satisfaction of the 
                        Secretary concerned--
                                    (I) that the whereabouts of the 
                                spouse or beneficiary, as the case may 
                                be, cannot be determined; or
                                    (II) that, due to exceptional 
                                circumstances, requiring the person to 
                                seek the consent of the spouse or 
                                beneficiary, as the case may be, would 
                                otherwise be inappropriate.
                    (C) Treatment of premiums.--
                            (i) Discontinuation of reductions in pay.--
                        As of the effective date under subsection (d) 
                        of an election by a person under subparagraph 
                        (A), the Secretary concerned shall discontinue 
                        the reduction being made in the retired pay of 
                        the person arising from participation in the 
                        Survivor Benefit Plan or, in the case of a 
                        person who has been required to make deposits 
                        in the Treasury on account of participation in 
                        the Survivor Benefit Plan, that person may 
                        discontinue making such deposits effective on 
                        such effective date.
                            (ii) Treatment of previous reductions.--A 
                        person who makes an election under subparagraph 
                        (A) is not entitled to a refund of any 
                        reduction or deposit described in clause (i) 
                        made before such effective date.
    (c) Manner of Making Elections.--
            (1) In general.--An election under subsection (a) or (b) 
        shall be made in writing, signed by the person making the 
        election, and received by the Secretary concerned before the 
        end of the open season described in subsection (e).
            (2) Conditions.--Except as provided in paragraph (3), an 
        election under subsection (a) shall be made subject to the same 
        conditions, and with the same opportunities for designation of 
        beneficiaries and specification of base amount, that apply 
        under the Survivor Benefit Plan.
            (3) Election must be voluntary.--An election under 
        subsection (a) or (b) is not effective unless the person making 
        the election declares the election to be voluntary. An election 
        under subsection (a) or (b) to participate or not to 
        participate in the Survivor Benefit Plan may not be required by 
        any court. An election by a person under subsection (a) to 
        participate in the Survivor Benefit Plan is not subject to the 
        concurrence of a spouse or former spouse of the person.
            (4) Designation with respect to reserve-component 
        annuity.--A person making an election under subsection (a) to 
        provide a reserve-component annuity shall make a designation 
        described in section 1448(e) of title 10, United States Code.
    (d) Effective Date for Elections.--An election under subsection (a) 
or (b) shall be effective on the first day of the first calendar month 
following the month in which the election is received by the Secretary 
concerned.
    (e) Open Season Described.--The open season described in this 
subsection is the period beginning on the date of the enactment of this 
Act and ending on December 31, 2025.
    (f) Applicability of Certain Provisions of Law.--The provisions of 
sections 1449, 1450, 1453, and 1454 of title 10, United States Code, 
are applicable to a person making an election, and to an election, 
under subsection (a) or (b) in the same manner as if the election were 
made under the Survivor Benefit Plan.
    (g) Definitions.--In this section:
            (1) The terms ``base amount'', ``reserve-component 
        annuity'', and ``standard annuity'' have the meanings given 
        those terms in section 1447 of title 10, United States Code.
            (2) The term ``Department of Defense Military Retirement 
        Fund'' means the fund established under section 1461(a) of 
        title 10, United States Code.
            (3) The term ``retired pay'' includes retainer pay.
            (4) The terms ``Secretary concerned'' and ``uniformed 
        services'' have the meanings given those terms in section 101 
        of title 37, United States Code.
            (5) The term ``Survivor Benefit Plan'' means the program 
        established under subchapter II of chapter 73 of title 10, 
        United States Code.
                                 <all>
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