I

104TH CONGRESS

1ST SESSION H. R. 1760

To provide a military survivor annuity for widows of certain retirementeligible reserve members of the uniformed services who died during the

period between the establishment of the military Survivor Benefit Plan

and the creation of the reserve-component annuity under that Plan.

IN THE HOUSE OF REPRESENTATIVES

JUNE 7, 1995

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

Committee on National Security

A BILL

To provide a military survivor annuity for widows of certain

retirement-eligible reserve members of the uniformed

services who died during the period between the establishment of the military Survivor Benefit Plan and the

creation of the reserve-component annuity under that

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 RESERVE

4 WIDOWS.

5 (a) SURVIVOR ANNUITY.—The Secretary concerned

6 shall pay an annuity under the Survivor Benefit Plan to
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1 each individual who is the surviving spouse of a member

2 of the uniformed services who—

3 (1) died during the period beginning on

4 September 21, 1972, and ending on October 1,

5 1978; and

6 (2) at the time of his death would have been en7 titled to retired pay under chapter 67 of title 10,

8 United States Code, but for the fact that he was

9 under 60 years of age.

10 (b) CONDITIONS.—An annuity under this section

11 shall be paid under the provisions of the Survivor Benefit

12 Plan in the same manner as if the amendments made by

13 Public Law 95–397 had been in effect before the member

14 died and the member had elected on the day before the

15 date of his death to provide a reserve-component annuity

16 under such plan to the member’s surviving spouse and had

17 designated the annuity to become effective on the day

18 after the date of his death.

19 (c) AMOUNT OF ANNUITY.—The amount of an annu20 ity under this section shall be computed under section

21 1451(e)(2)(B) of title 10, United States Code. The base

22 amount to be used in such computation is 100 percent

23 of the amount of the retired pay to which the member

24 would have been entitled if the member had been 60 years

25 of age on the date of his death, adjusted by the overall
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1 percentage increase in retired pay under section 1401a of

2 title 10, United States Code (or any other comparable pro3 vision of law), during the period beginning on the date

4 of the member’s death and ending on the last day of the

5 month in which this section is enacted.

6 (d) PREVENTION OF DUPLICATE BENEFITS.—If an

7 individual entitled to an annuity under this section is also

8 entitled to an annuity under the Survivor Benefit Plan

9 based upon a subsequent marriage, the individual may not

10 receive both annuities but must elect which to receive.

11 (e) DEFINITIONS.—As used in this section:

12 (1) The term ‘‘uniformed services’’ means the

13 Armed Forces and the commissioned corps of the

14 Public Health Service.

15 (2) The term ‘‘surviving spouse’’ has the mean16 ing given the terms ‘‘widow’’ and ‘‘widower’’ in sec17 tion 1447 of title 10, United States Code.

18 (3) The term ‘‘Secretary concerned’’ has the

19 meaning given that term in section 101 of title 10,

20 United States Code, and includes the Secretary of

21 Health and Human Services, with respect to reserve

22 commissioned officers of the Public Health Service.

23 (4) The term ‘‘Survivor Benefit Plan’’ means

24 the program provided under subchapter II of chap25 ter 73 of title 10, United States Code.
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1 (f) EFFECTIVE DATE.—No payment may be made by

2 reason of the enactment of this section for any period be3 fore the first day of the first month beginning on or after

4 the date of the enactment of this Act.

Æ