I 

108TH CONGRESS 

1ST SESSION H. R. 3216

To amend title 10, United States Code, to allow a participant in the military 

Survivor Benefit Plan who has designated an insurable interest beneficiary under that plan to designate a new beneficiary upon the death 

of the previously designated beneficiary. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 1, 2003

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

Committee on Armed Services 

A BILL

To amend title 10, United States Code, to allow a participant 

in the military Survivor Benefit Plan who has designated 

an insurable interest beneficiary under that plan to designate a new beneficiary upon the death of the previously 

designated beneficiary.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Survivor Benefit Plan In5 surable Interest Fairness Act’’. 
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1 SEC. 2. MILITARY SURVIVOR BENEFIT PLAN BENE2 FICIARIES UNDER INSURABLE INTEREST 

3 COVERAGE. 

4 (a) AUTHORITY TO DESIGNATE NEW BENE5 FICIARY.—Section 1448(b)(1) of title 10, United States 

6 Code, is amended—

7 (1) by inserting ‘‘under subparagraph (F)’’ in 

8 the second sentence of subparagraph (E) after ‘‘elec9 tion’’; and 

10 (2) by adding at the end the following new sub11 paragraph: 

12 ‘‘(F) ELECTION OF NEW BENEFICIARY UPON

13 DEATH OF PREVIOUS BENEFICIARY.—If the reason 

14 for discontinuation in the Plan is the death of the 

15 beneficiary, the participant in the Plan may des16 ignate a new beneficiary. Any such beneficiary must 

17 be a natural person with an insurable interest in the 

18 participant. Such an election may be made only dur19 ing the 180-day period beginning on the date of the 

20 death of the previous beneficiary. Such an election 

21 shall be in writing, signed by the participant, and 

22 made in such form and manner as the Secretary 

23 concerned may prescribe. Such an election shall be 

24 effective the first day of the first month following 

25 the month in which the election is received by the 

26 Secretary.’’. 
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1 (b) TRANSITION.—

2 (1) TRANSITION PERIOD.—In the case of a per3 son who made a covered insurable-interest election 

4 under the Survivor Benefit Plan and whose des5 ignated beneficiary under that election dies before 

6 the date of the enactment of this Act or during the 

7 18-month period beginning on such date, the time 

8 period applicable for purposes of the limitation in 

9 the third sentence of subparagraph (F) of section 

10 1448(b)(1) of title 10, United States Code, as added 

11 by subsection (a), shall be the two-year period begin12 ning on the date of the enactment of this Act (rath13 er than the 180-day period specified in that sen14 tence). 

15 (2) COVERED INSURABLE-INTEREST ELEC16 TIONS.—For purposes of paragraph (1), a covered 

17 insurable-interest election is an election under sec18 tion 1448(b)(1) of title 10, United States Code, 

19 made before the date of the enactment of this Act, 

20 or during the 18-month period beginning on such 

21 date, by a participant in the military Survivor Ben22 efit Plan to provide an annuity under that plan to 

23 a natural person with an insurable interest in that 

24 person. 
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1 (3) SURVIVOR BENEFIT PLAN.—For purposes 

2 of this subsection, the term ‘‘Survivor Benefit Plan’’ 

3 means the program under subchapter II of chapter 

4 73 of title 10, United States Code.

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