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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Introduced in House (IH)]

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.

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

SECTION 1. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR RESERVE 
              COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY DURING 
              INACTIVE-DUTY TRAINING.

    (a) Treatment of Inactive-Duty Training in Same Manner as Active 
Duty.--Section 1451(c)(1)(A) of title 10, United States Code, is 
amended--
            (1) in clause (i)--
                    (A) by inserting ``or 1448(f)'' after ``section 
                1448(d)''; and
                    (B) by inserting ``or (iii)'' after ``clause 
                (ii)''; and
            (2) in clause (iii), by striking ``section 1448(f) of this 
        title'' and inserting ``section 1448(f)(1)(A) of this title by 
        reason of the death of a member or former member not in line of 
        duty''.
    (b) Consistent Treatment of Dependent Children and Deemed 
Elections.--Section 1448(f) of such title is amended--
            (1) by striking paragraph (2) and inserting the following 
        new paragraph:
            ``(2) Dependent children.--
                    ``(A) Annuity when no eligible surviving spouse.--
                In the case of a member described in paragraph (1), the 
                Secretary concerned shall pay an annuity under this 
                subchapter to the member's dependent children under 
                section 1450(a)(2) of this title as applicable.
                    ``(B) Optional annuity when there is an eligible 
                surviving spouse.--The Secretary may pay an annuity 
                under this subchapter to the member's dependent 
                children under section 1450(a)(3) of this title, if 
                applicable, instead of paying an annuity to the 
                surviving spouse under paragraph (1), if the Secretary 
                concerned, in consultation with the surviving spouse, 
                determines it appropriate to provide an annuity for the 
                dependent children under this paragraph instead of an 
                annuity for the surviving spouse under paragraph 
                (1).''; and
            (2) by adding at the end the following new paragraph:
            ``(5) Deemed election to provide an annuity for 
        dependent.--Paragraph (6) of subsection (d) shall apply in the 
        case of a member described in paragraph (1) who dies after 
        November 23, 2003, when no other annuity is payable on behalf 
        of the member under this subchapter.''.
    (c) Availability of Special Survivor Indemnity Allowance.--Section 
1450(m)(1)(B) of such title is amended by inserting ``or (f)'' after 
``subsection (d)''.
    (d) Effective Date; Application of Amendments.--
            (1) Retroactive application.--Except as provided in the 
        amendment made by subsection (b)(2), the amendments made by 
        this section shall take effect as of September 10, 2001, and 
        shall apply with respect to deaths of members of the Armed 
        Forces occurring after that date.
            (2) Payment adjustment and lump-sum payments.--The 
        Secretary of Defense shall--
                    (A) require payments under the Survivor Benefit 
                Plan for months beginning after the date of the 
                enactment of this section to be adjusted to reflect the 
                amendments made by this section; and
                    (B) provide a lump-sum payment to cover the period 
                between the death of the member concerned (or October 
                1, 2008, if later than that date in the case of the 
                special survivor indemnity allowance) and the date the 
                adjustment takes effect under subparagraph (A).
                                 <all>
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