II 

109TH CONGRESS 

1ST SESSION S. 185 

To amend title 10, United States Code, to repeal the requirement for the 

reduction of certain Survivor Benefit Plan annuities by the amount 

of dependency and indemnity compensation and to modify the effective 

date for paid-up coverage under the Survivor Benefit Plan. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2005 

Mr. NELSON of Florida (for himself, Mr. CORZINE, Mr. HAGEL, Mr. DURBIN, 

and Mr. DAYTON) 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 repeal the requirement for the reduction of certain Survivor Benefit Plan 

annuities by the amount of dependency and indemnity 

compensation and to modify the effective date for paidup coverage under 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Retiree Sur5 vivor Benefit Equity Act of 2005’’. 
2

•S 185 IS

1 SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SBP 

2 SURVIVOR ANNUITIES BY DEPENDENCY AND 

3 INDEMNITY COMPENSATION. 

4 (a) REPEAL.—Subchapter II of chapter 73 of title 

5 10, United States Code is amended— 

6 (1) in section 1450(c)(1), by inserting after ‘‘to 

7 whom section 1448 of this title applies’’ the fol8 lowing: ‘‘(except in the case of a death as described 

9 in subsection (d) or (f) of such section)’’; and 

10 (2) in section 1451(c)— 

11 (A) by striking paragraph (2); and 

12 (B) by redesignating paragraphs (3) and 

13 (4) as paragraphs (2) and (3), respectively. 

14 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

15 benefits may be paid to any person for any period before 

16 the effective date provided under subsection (e) by reason 

17 of the amendments made by subsection (a). 

18 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

19 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI20 ENTS.—A surviving spouse who is or has been in receipt 

21 of an annuity under the Survivor Benefit Plan under sub22 chapter II of chapter 73 of title 10, United States Code, 

23 that is in effect before the effective date provided under 

24 subsection (e) and that is adjusted by reason of the 

25 amendments made by subsection (a) and who has received 

26 a refund of retired pay under section 1450(e) of title 10, 
3

•S 185 IS

1 United States Code, shall not be required to repay such 

2 refund to the United States. 

3 (d) RECONSIDERATION OF OPTIONAL ANNUITY.—

4 Section 1448(d)(2) of title 10, United States Code, is 

5 amended by adding at the end the following new sen6 tences: ‘‘The surviving spouse, however, may elect to ter7 minate an annuity under this subparagraph in accordance 

8 with regulations prescribed by the Secretary concerned. 

9 Upon such an election, payment of an annuity to depend10 ent children under this subparagraph shall terminate ef11 fective on the first day of the first month that begins after 

12 the date on which the Secretary concerned receives notice 

13 of the election, and, beginning on that day, an annuity 

14 shall be paid to the surviving spouse under paragraph (1) 

15 instead.’’. 

16 (e) EFFECTIVE DATE.—The amendments made by 

17 this section shall take effect on the later of— 

18 (1) the first day of the first month that begins 

19 after the date of the enactment of this Act; or 

20 (2) the first day of the fiscal year that begins 

21 in the calendar year in which this Act is enacted. 
4

•S 185 IS

1 SEC. 3. EFFECTIVE DATE FOR PAID-UP COVERAGE UNDER 

2 SURVIVOR BENEFIT PLAN. 

3 Section 1452(j) of title 10, United States Code, is 

4 amended by striking ‘‘October 1, 2008’’ and inserting 

5 ‘‘October 1, 2005’’.

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