I 

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. 

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

3 SECTION 1. SURVIVOR BENEFIT PLAN OPEN SEASON. 

4 (a) ELECTIONS BY PERSONS NOT CURRENTLY PAR5 TICIPATING IN SURVIVOR BENEFIT PLAN.— 

6 (1) ELECTION OF SBP COVERAGE.—An eligible 

7 retired or former member may elect to participate in 

8 the Survivor Benefit Plan during the open season 

9 described in subsection (e). 


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1 (2) ELIGIBLE RETIRED OR FORMER MEM2 BERS.—For purposes of paragraph (1), an eligible 

3 retired or former member is a member or former 

4 member of the uniformed services who, on or before 

5 the day before the first day of the open season de6 scribed in subsection (e)— 

7 (A) is entitled to retired pay; or 

8 (B) would be entitled to retired pay under 

9 chapter 1223 of title 10, United States Code 

10 (or chapter 67 of such title as in effect before 

11 October 5, 1994), but for the fact that such 

12 member or former member is under 60 years of 

13 age. 

14 (3) STATUS UNDER SBP OF PERSONS MAKING

15 ELECTIONS.— 

16 (A) STANDARD ANNUITY.—A person mak17 ing an election under paragraph (1) by reason 

18 of eligibility under paragraph (2)(A) shall be 

19 treated for all purposes as providing a standard 

20 annuity under the Survivor Benefit Plan. 

21 (B) RESERVE-COMPONENT ANNUITY.—A 

22 person making an election under paragraph (1) 

23 by reason of eligibility under paragraph (2)(B) 

24 shall be treated for all purposes as providing a 


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1 reserve-component annuity under the Survivor 

2 Benefit Plan. 

3 (4) PREMIUMS FOR OPEN SEASON.— 

4 (A) PREMIUMS TO BE CHARGED.—The 

5 Secretary of Defense shall prescribe in regula6 tions premiums that a person who makes an 

7 election under paragraph (1) shall be required 

8 to pay for participating in the Survivor Benefit 

9 Plan pursuant to the election. 

10 (B) AMOUNT OF PREMIUMS.—The total 

11 amount of the premiums to be paid by a person 

12 under the regulations prescribed under subpara13 graph (A) shall be equal to the sum of— 

14 (i) the total amount by which the re15 tired pay of the person would have been re16 duced before the effective date of the elec17 tion under subsection (d) if the person had 

18 elected to participate in the Survivor Ben19 efit Plan (for the same base amount speci20 fied in the election) at the first opportunity 

21 that was afforded the person to participate 

22 under chapter 73 of title 10, United States 

23 Code; 

24 (ii) interest on the amount by which 

25 the retired pay of the person would have 


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1 been so reduced, computed from the date 

2 on which the retired pay would have been 

3 so reduced at such rate or rates and ac4 cording to such methodology as the Sec5 retary determines reasonable; and 

6 (iii) any additional amount that the 

7 Secretary determines necessary to protect 

8 the actuarial soundness of the Department 

9 of Defense Military Retirement Fund 

10 against any increased risk for the fund 

11 that is associated with the election. 

12 (C) PREMIUMS TO BE CREDITED TO RE13 TIREMENT FUND.—Premiums paid under the 

14 regulations prescribed under subparagraph (A) 

15 shall be credited to the Department of Defense 

16 Military Retirement Fund. 

17 (b) ELECTIONS BY PERSONS CURRENTLY PARTICI18 PATING IN SURVIVOR BENEFIT PLAN.— 

19 (1) ELECTION TO CHANGE INSURABLE INTER20 EST OR FORMER SPOUSE BENEFICIARY.—A person 

21 participating in the Survivor Benefit Plan on the 

22 day before the first day of the open season described 

23 in subsection (e) may elect to change a previous 

24 election of insurable interest or former spouse beneVerDate Sep 11 2014 00:01 Oct 11, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9852.IH H9852

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1 ficiary to provide an annuity to a spouse or depend2 ent child. 

3 (2) ELECTION TO DISCONTINUE SBP PARTICI4 PATION.— 

5 (A) AUTHORITY.—A person participating 

6 in the Survivor Benefit Plan on the day before 

7 the first day of the open season described in 

8 subsection (e) may elect to discontinue such 

9 participation during the open season. 

10 (B) CONSENT OF BENEFICIARIES.— 

11 (i) IN GENERAL.—Except as provided 

12 in clause (ii), a person described in sub13 paragraph (A) may not make an election 

14 under that paragraph without the concur15 rence of— 

16 (I) each designated beneficiary of 

17 such person under the Survivor Ben18 efit Plan; and 

19 (II) the spouse of such person, if 

20 such person is married. 

21 (ii) EXCEPTION WHEN BENEFICIARY

22 UNAVAILABLE.—A person may make an 

23 election under subparagraph (A) without a 

24 concurrence required under clause (ii) if 


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1 the person establishes to the satisfaction of 

2 the Secretary concerned— 

3 (I) that the whereabouts of the 

4 spouse or beneficiary, as the case may 

5 be, cannot be determined; or 

6 (II) that, due to exceptional cir7 cumstances, requiring the person to 

8 seek the consent of the spouse or ben9 eficiary, as the case may be, would 

10 otherwise be inappropriate. 

11 (C) TREATMENT OF PREMIUMS.— 

12 (i) DISCONTINUATION OF REDUC13 TIONS IN PAY.—As of the effective date 

14 under subsection (d) of an election by a 

15 person under subparagraph (A), the Sec16 retary concerned shall discontinue the re17 duction being made in the retired pay of 

18 the person arising from participation in the 

19 Survivor Benefit Plan or, in the case of a 

20 person who has been required to make de21 posits in the Treasury on account of par22 ticipation in the Survivor Benefit Plan, 

23 that person may discontinue making such 

24 deposits effective on such effective date. 


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1 (ii) TREATMENT OF PREVIOUS RE2 DUCTIONS.—A person who makes an elec3 tion under subparagraph (A) is not enti4 tled to a refund of any reduction or deposit 

5 described in clause (i) made before such ef6 fective date. 

7 (c) MANNER OF MAKING ELECTIONS.— 

8 (1) IN GENERAL.—An election under subsection 

9 (a) or (b) shall be made in writing, signed by the 

10 person making the election, and received by the Sec11 retary concerned before the end of the open season 

12 described in subsection (e). 

13 (2) CONDITIONS.—Except as provided in para14 graph (3), an election under subsection (a) shall be 

15 made subject to the same conditions, and with the 

16 same opportunities for designation of beneficiaries 

17 and specification of base amount, that apply under 

18 the Survivor Benefit Plan. 

19 (3) ELECTION MUST BE VOLUNTARY.—An elec20 tion under subsection (a) or (b) is not effective un21 less the person making the election declares the elec22 tion to be voluntary. An election under subsection 

23 (a) or (b) to participate or not to participate in the 

24 Survivor Benefit Plan may not be required by any 

25 court. An election by a person under subsection (a) 


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1 to participate in the Survivor Benefit Plan is not 

2 subject to the concurrence of a spouse or former 

3 spouse of the person. 

4 (4) DESIGNATION WITH RESPECT TO RESERVE5 COMPONENT ANNUITY.—A person making an elec6 tion under subsection (a) to provide a reserve-com7 ponent annuity shall make a designation described 

8 in section 1448(e) of title 10, United States Code. 

9 (d) EFFECTIVE DATE FOR ELECTIONS.—An election 

10 under subsection (a) or (b) shall be effective on the first 

11 day of the first calendar month following the month in 

12 which the election is received by the Secretary concerned. 

13 (e) OPEN SEASON DESCRIBED.—The open season de14 scribed in this subsection is the period beginning on the 

15 date of the enactment of this Act and ending on December 

16 31, 2025. 

17 (f) APPLICABILITY OF CERTAIN PROVISIONS OF

18 LAW.—The provisions of sections 1449, 1450, 1453, and 

19 1454 of title 10, United States Code, are applicable to 

20 a person making an election, and to an election, under 

21 subsection (a) or (b) in the same manner as if the election 

22 were made under the Survivor Benefit Plan. 

23 (g) DEFINITIONS.—In this section: 

24 (1) The terms ‘‘base amount’’, ‘‘reserve-compo25 nent annuity’’, and ‘‘standard annuity’’ have the 


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1 meanings given those terms in section 1447 of title 

2 10, United States Code. 

3 (2) The term ‘‘Department of Defense Military 

4 Retirement Fund’’ means the fund established under 

5 section 1461(a) of title 10, United States Code. 

6 (3) The term ‘‘retired pay’’ includes retainer 

7 pay. 

8 (4) The terms ‘‘Secretary concerned’’ and ‘‘uni9 formed services’’ have the meanings given those 

10 terms in section 101 of title 37, United States Code. 

11 (5) The term ‘‘Survivor Benefit Plan’’ means 

12 the program established under subchapter II of 

13 chapter 73 of title 10, United States Code. 

Æ 


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