I 

113TH CONGRESS 

1ST SESSION H. R. 1770 

To amend title 10, United States Code, to eliminate the different treatment 

under the Survivor Benefit Plan accorded members of the reserve components who die from an injury or illness incurred or aggravated in the 

line of duty during inactive-duty training compared to members of the 

Armed Forces who die in the line of duty while on active duty. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 26, 2013 

Mr. CHAFFETZ (for himself, Mr. BARBER, Mr. BISHOP of Utah, Mr. RICE of 

South Carolina, and Mr. STEWART) introduced the following bill; which 

was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to eliminate the 

different treatment under the Survivor Benefit Plan accorded members of the reserve components who die from 

an injury or illness incurred or aggravated in the line 

of duty during inactive-duty training compared to members of the Armed Forces who die in the line of duty 

while on active duty. 

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


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1 SECTION 1. EQUAL BENEFITS UNDER SURVIVOR BENEFIT 

2 PLAN FOR RESERVE COMPONENT MEMBERS 

3 WHO DIE IN THE LINE OF DUTY DURING IN4 ACTIVE-DUTY TRAINING. 

5 (a) TREATMENT OF INACTIVE-DUTY TRAINING IN

6 SAME MANNER AS ACTIVE DUTY.—Section 1451(c)(1)(A) 

7 of title 10, United States Code, is amended— 

8 (1) in clause (i)— 

9 (A) by inserting ‘‘or 1448(f)’’ after ‘‘sec10 tion 1448(d)’’; and 

11 (B) by inserting ‘‘or (iii)’’ after ‘‘clause 

12 (ii)’’; and 

13 (2) in clause (iii), by striking ‘‘section 1448(f) 

14 of this title’’ and inserting ‘‘section 1448(f)(1)(A) of 

15 this title by reason of the death of a member or 

16 former member not in line of duty’’. 

17 (b) CONSISTENT TREATMENT OF DEPENDENT CHIL18 DREN AND DEEMED ELECTIONS.—Section 1448(f) of 

19 such title is amended— 

20 (1) by striking paragraph (2) and inserting the 

21 following new paragraph: 

22 ‘‘(2) DEPENDENT CHILDREN.— 

23 ‘‘(A) ANNUITY WHEN NO ELIGIBLE SUR24 VIVING SPOUSE.—In the case of a member de25 scribed in paragraph (1), the Secretary con26 cerned shall pay an annuity under this subVerDate Mar 15 2010 02:58 May 01, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1770.IH H1770

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1 chapter to the member’s dependent children 

2 under section 1450(a)(2) of this title as appli3 cable. 

4 ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS

5 AN ELIGIBLE SURVIVING SPOUSE.—The Sec6 retary may pay an annuity under this sub7 chapter to the member’s dependent children 

8 under section 1450(a)(3) of this title, if applica9 ble, instead of paying an annuity to the sur10 viving spouse under paragraph (1), if the Sec11 retary concerned, in consultation with the sur12 viving spouse, determines it appropriate to pro13 vide an annuity for the dependent children 

14 under this paragraph instead of an annuity for 

15 the surviving spouse under paragraph (1).’’; 

16 and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(5) DEEMED ELECTION TO PROVIDE AN AN20 NUITY FOR DEPENDENT.—Paragraph (6) of sub21 section (d) shall apply in the case of a member de22 scribed in paragraph (1) who dies after November 

23 23, 2003, when no other annuity is payable on be24 half of the member under this subchapter.’’. 


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1 (c) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY

2 ALLOWANCE.—Section 1450(m)(1)(B) of such title is 

3 amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. 

4 (d) EFFECTIVE DATE; APPLICATION OF AMEND5 MENTS.— 

6 (1) RETROACTIVE APPLICATION.—Except as 

7 provided in the amendment made by subsection 

8 (b)(2), the amendments made by this section shall 

9 take effect as of September 10, 2001, and shall 

10 apply with respect to deaths of members of the 

11 Armed Forces occurring after that date. 

12 (2) PAYMENT ADJUSTMENT AND LUMP-SUM

13 PAYMENTS.—The Secretary of Defense shall— 

14 (A) require payments under the Survivor 

15 Benefit Plan for months beginning after the 

16 date of the enactment of this section to be ad17 justed to reflect the amendments made by this 

18 section; and 

19 (B) provide a lump-sum payment to cover 

20 the period between the death of the member 

21 concerned (or October 1, 2008, if later than 

22 that date in the case of the special survivor in23 demnity allowance) and the date the adjustment 

24 takes effect under subparagraph (A). 

Æ 


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