II

107TH CONGRESS

1ST SESSION S. 1427

To amend title 10, United States Code, to authorize disability retirement

to be granted posthumously for members of the Armed Forces who

die in the line of duty while on active duty, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 14, 2001

Mrs. HUTCHISON introduced the following bill; which was read twice and

referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to authorize disability retirement to be granted posthumously for members of the Armed Forces who die in the line of duty

while on active duty, and for other purposes.

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. POSTHUMOUS DISABILITY RETIREMENT FOR

2 MEMBERS OF THE ARMED FORCES WHO DIE

3 IN THE LINE OF DUTY WHILE ON ACTIVE

4 DUTY.

5 (a) AUTHORITY.—Chapter 61 of title 10, United

6 States Code, is amended by adding at the end the fol7 lowing new section:

8 ‘‘§ 1222. Posthumous retirement: retroactive effective

9 date; related elections

10 ‘‘(a) AUTHORITY.—Upon a determination by the Sec11 retary concerned that it is advantageous for the survivors

12 of a member of the armed forces who dies in the line of

13 duty while on active duty, the Secretary concerned may—

14 ‘‘(1) posthumously retire the member under

15 section 1201 of this title effective immediately before

16 the member’s death; and

17 ‘‘(2) make for the deceased member any elec18 tion with respect to survivor benefits under laws re19 ferred to in subsection (c) that the deceased member

20 would have been entitled to make upon being retired

21 under that section, except that the Secretary may

22 not make an election under section 1448(b)(1) or

23 1458 of this title.

24 ‘‘(b) CONSTRUCTION WITH SECTION 1201 REQUIRE25 MENTS.—Nothing in this section modifies the require-
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1 ments set forth in section 1201 of this title regarding de2 terminations or eligibility.

3 ‘‘(c) ADMINISTRATION OF BENEFITS LAWS.—A re4 tirement and election under subsection (a) shall be effec5 tive for the purposes of laws administered by the Secretary

6 of Defense or any Secretary concerned and laws adminis7 tered by the Secretary of Veterans Affairs.

8 ‘‘(d) NONREVIEWABILITY OF DETERMINATIONS.—A

9 determination or election made by a Secretary concerned

10 under subsection (a) is not subject to judicial review.’’.

11 (b) CLERICAL AMENDMENT.—The table of sections

12 at the beginning of such chapter is amended by adding

13 at the end the following new item:

‘‘1222. Posthumous retirement: retroactive effective date; related elections.’’.

14 SEC. 2. SURVIVOR BENEFIT PLAN.

15 (a) SURVIVING SPOUSE ANNUITY.—Section 1448(d)

16 of title 10, United States Code, is amended by striking

17 paragraph (1) and inserting the following:

18 ‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec19 retary concerned shall pay an annuity under this

20 subchapter to the surviving spouse of a member

21 who—

22 ‘‘(A) dies in the line of duty while on ac23 tive duty after—

24 ‘‘(i) becoming eligible to receive re25 tired pay;
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1 ‘‘(ii) qualifying for retired pay except

2 that the member has not applied for or

3 been granted that pay; or

4 ‘‘(iii) completing 20 years of active

5 service but before the member is eligible to

6 retire as a commissioned officer because

7 the member has not completed 10 years of

8 active commissioned service; or

9 ‘‘(B) dies in the line of duty while on ac10 tive duty and is posthumously retired under

11 section 1201 of this title pursuant to section

12 1222 of this title.’’.

13 (b) DEPENDENT CHILD ANNUITY.—Paragraph (2)

14 of such section is amended by striking ‘‘or if the member’s

15 surviving spouse subsequently dies’’ and inserting ‘‘or if

16 the payment of an annuity to the member’s surviving

17 spouse under that paragraph subsequently terminates’’.

18 (c) COMPUTATION OF SURVIVOR ANNUITY.—Section

19 1451(c) of title 10, United States Code, is amended by

20 adding at the end the following new paragraph:

21 ‘‘(5) SERVICE MEMBERS POSTHUMOUSLY RE22 TIRED.—In the case of an annuity provided under

23 section 1448(d)(1)(B) of this title, the retired pay to

24 which the member would have been entitled when

25 the member died shall be determined for purposes of
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1 paragraph (1) based upon the retired pay base com2 puted for the member under section 1406(b) or

3 1407 of this title as if the member had been retired

4 under section 1201 of this title on the date of the

5 member’s death.’’.

6 (d) CONFORMING AMENDMENT.—Section 1451(c)(3)

7 of such title is amended by striking ‘‘section

8 1448(d)(1)(B) or 1448(d)(1)(C)’’ and inserting ‘‘clause

9 (ii) or (iii) of section 1448(d)(1)(A)’’.

10 SEC. 3. EFFECTIVE DATE AND APPLICABILITY.

11 This Act and the amendments made by this Act shall

12 take effect on September 10, 2001, and shall apply with

13 respect to deaths of members of the Armed Forces occur14 ring on or after that date.

Æ