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104TH CONGRESS

1ST SESSION H. R. 1090

To provide a minimum survivor annuity for the unremarried surviving spouses

of retired members of the Armed Forces who died before having an

opportunity to participate in the Survivor Benefit Plan.

IN THE HOUSE OF REPRESENTATIVES

MARCH 1, 1995

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

Committee on National Security

A BILL

To provide a minimum survivor annuity for the unremarried

surviving spouses of retired members of the Armed

Forces who died before having an opportunity to participate in the Survivor Benefit Plan.

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

3 SECTION 1. ANNUITIES FOR CERTAIN MILITARY SURVIV4 ING SPOUSES.

5 (a) SURVIVOR ANNUITY.—(1) The Secretary con6 cerned shall pay an annuity to the qualified surviving

7 spouse of any member of the uniformed services who—
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1 (A) died before March 21, 1974, and was enti2 tled to retired or retainer or retainer pay on the date

3 of death; or

4 (B) was a member of a reserve component, died

5 during the period beginning on September 21, 1972,

6 and ending on October 1, 1978, and at the time of

7 death would have been entitled to retired pay under

8 chapter 67 of the title 10, United States Code, but

9 for the fact he was under 60 years of age.

10 (2) A qualified surviving spouse for purposes of this

11 section is a surviving spouse who has not remarried and

12 who is not eligible for an annuity under section 4 of Public

13 Law 92–425 (10 U.S.C. 1448 note).

14 (b) AMOUNT OF ANNUITY.—(1) An annuity payable

15 under this section shall be paid at the rate of $165 per

16 month, as adjusted from time to time under paragraph

17 (3).

18 (2) An annuity paid to a surviving spouse under this

19 section shall be reduced by the amount of any dependency

20 and indemnity compensation (DIC) to which the surviving

21 spouse is entitled under section 1311(a) of title 38, United

22 States Code.

23 (3) Whenever retired or retainer pay is increased

24 under section 1401a(b)(2) of title 10, United States Code,

25 each annuity that is payable under this section shall be
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1 increased at the same time and by the same total percent.

2 The amount of the increase shall be based on the monthly

3 annuity payable before any reduction under this section.

4 (c) DEFINITIONS.—For purposes of this section:

5 (1) The terms ‘‘uniformed services’’ and ‘‘Sec6 retary concerned’’ have the meanings given those

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

8 (2) The term ‘‘surviving spouse’’ has the mean9 ing given the terms ‘‘widow’’ and ‘‘widower’’ in para10 graphs (3) and (4), respectively, of section 1447 of

11 title 10, United States Code.

12 (d) EFFECTIVE DATE.—Annuities under this section

13 shall be paid for months beginning after the month in

14 which this Act is enacted. No benefit shall accrue to any

15 person by reason of the enactment of this section for any

16 period before the first month referred to in the preceding

17 sentence. No benefit shall be paid to any person under

18 this section unless an application for such benefit is filed

19 with the Secretary concerned by or on behalf of such

20 person.

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