II

107TH CONGRESS

1ST SESSION S. 145

To amend title 10, United States Code, to increase to parity with other

surviving spouses the basic annuity that is provided under the uniformed

services Survivor Benefit Plan for surviving spouses who are at least

62 years of age; and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 23, 2001

Mr. THURMOND introduced the following bill; which was read twice and

referred to the Committee on Veterans’ Affairs

JANUARY 24, 2001

Committee discharged; referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to increase to parity

with other surviving spouses the basic annuity that is

provided under the uniformed services Survivor Benefit

Plan for surviving spouses who are at least 62 years

of age; 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,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘SBP Benefits Improve5 ment Act of 2001’’.
2

•S 145 RCS

1 SEC. 2. FULL AMOUNT OF SURVIVOR BENEFITS FOR SUR2 VIVING SPOUSES WHO ARE 62 YEARS OF AGE

3 OR OVER.

4 (a) PHASED INCREASED OF BASIC ANNUITY.—(1)

5 Subsection (a)(1)(B)(i) of section 1451 of title 10, United

6 States Code, is amended by striking ‘‘35 percent of the

7 base amount.’’ and inserting ‘‘the product of the base

8 amount and the percent applicable for the month. The per9 cent applicable for a month is 35 percent for months be10 ginning on or before the date of the enactment of the SBP

11 Benefits Improvement Act of 2001, 40 percent for months

12 beginning after such date and before October 2004, 45

13 percent for months beginning after September 2004, and

14 55 percent for months beginning after September 2011.’’.

15 (2) Subsection (a)(2)(B)(i)(I) of such section is

16 amended by striking ‘‘35 percent’’ and inserting ‘‘the per17 cent specified under paragraph (1)(B)(i) as being applica18 ble for the month’’.

19 (3) Subsection (c)(1)(B)(i) of such section is

20 amended—

21 (A) by striking ‘‘35 percent’’ and inserting ‘‘the

22 applicable percent’’; and

23 (B) by adding at the end the following: ‘‘The

24 percent applicable for a month under the preceding

25 sentence is the percent specified under subsection

26 (a)(1)(B)(i) as being applicable for the month.’’.
3

•S 145 RCS

1 (4) The heading for subsection (d)(2)(A) of such sec2 tion is amended to read as follows: ‘‘COMPUTATION OF AN3 NUITY.—’’.

4 (b) PHASED ELIMINATION OF SUPPLEMENTAL AN5 NUITY.—(1) Section 1457(b) of title 10, United States

6 Code, is amended—

7 (A) by striking ‘‘5, 10, 15, or 20 percent’’ and

8 inserting ‘‘the applicable percent’’; and

9 (B) by inserting after the first sentence the fol10 lowing: ‘‘The percent used for the computation shall

11 be an even multiple of 5 percent and, whatever the

12 percent specified in the election, may not exceed 20

13 percent for months beginning on or before the date

14 of the enactment of the SBP Benefits Improvement

15 Act of 2001, 15 percent for months beginning after

16 that date and before October 2004, and 10 percent

17 for months beginning after September 2004.’’.

18 (2) Effective on October 1, 2011, chapter 73 of such

19 title is amended—

20 (A) by striking subchapter III; and

21 (B) by striking the item relating to subchapter

22 III in the table of subchapters at the beginning of

23 that chapter.
4

•S 145 RCS

1 (c) RECOMPUTATION OF ANNUITIES.—(1) Effective

2 on the first day of each month referred to in paragraph

3 (2)—

4 (A) each annuity under section 1450 of title 10,

5 United States Code, that commenced before that

6 month, is computed under a provision of section

7 1451 of that title amended by subsection (a), and is

8 payable for that month shall be recomputed so as to

9 be equal to the amount that would be in effect if the

10 percent applicable for that month under that provi11 sion, as so amended, had been used for the initial

12 computation of the annuity; and

13 (B) each supplemental survivor annuity under

14 section 1457 of such title that commenced before

15 that month and is payable for that month shall be

16 recomputed so as to be equal to the amount that

17 would be in effect if the percent applicable for that

18 month under that section, as amended by this sec19 tion, had been used for the initial computation of

20 the supplemental survivor annuity.

21 (2) The requirements for recomputation of annuities

22 under paragraph (1) apply with respect to the following

23 months:

24 (A) The first month that begins after the date

25 of the enactment of this Act.
5

•S 145 RCS

1 (B) October 2004.

2 (C) October 2011.

3 (d) RECOMPUTATION OF RETIRED PAY REDUCTIONS

4 FOR SUPPLEMENTAL SURVIVOR ANNUITIES.—The Sec5 retary of Defense shall take such actions as are neces6 sitated by the amendments made by subsection (b) and

7 the requirements of subsection (c)(1)(B) to ensure that

8 the reductions in retired pay under section 1460 of title

9 10, United States Code, are adjusted to achieve the objec10 tives set forth in subsection (b) of that section.

Æ