I 

117TH CONGRESS 

1ST SESSION H. R. 2214 

To amend title 10, United States Code, to direct the forgiveness or offset 

of an overpayment of retired pay paid to a joint account for a period 

after the death of the retired member of the Armed Forces. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. GARAMENDI (for himself and Mr. TURNER) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to direct the forgiveness or offset of an overpayment of retired pay paid 

to a joint account for a period after the death of the 

retired member of the Armed Forces. 

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 Comfort Act’’. 


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1 SEC. 2. FORGIVENESS OR OFFSET OF OVERPAYMENT OF 

2 RETIRED PAY PAID TO A JOINT ACCOUNT 

3 FOR A PERIOD AFTER THE DEATH OF THE 

4 RETIRED MEMBER OF THE ARMED FORCES. 

5 (a) WHEN PAYMENT DEPOSITED TO JOINT AC6 COUNT.—Section 2771 of title 10, United States Code, is 

7 amended by adding at the end the following new sub8 section: 

9 ‘‘(e) In the case of overpayment of retired or retainer 

10 pay, arising from payment of such retired or retainer pay 

11 for any period after the date of the death of a recipient 

12 through the last day of the month in which such death 

13 occurs, if such payment is electronically deposited in an 

14 accredited financial institution to a joint account bearing 

15 the name of the decedent and another individual who is 

16 the decedent’s designated beneficiary under subsection 

17 (a)(1), the Secretary of Defense— 

18 ‘‘(1) if the decedent is an individual to whom 

19 section 1448 of this title applies, shall elect to— 

20 ‘‘(A) forgive the overpayment on behalf of 

21 the United States; or 

22 ‘‘(B) offset the overpayment pursuant to 

23 subsection (n)(2) of section 1450 this title; or 

24 ‘‘(2) if the decedent is not an individual to 

25 whom section 1448 of this title applies, shall forgive 

26 the overpayment on behalf of the United States.’’. 


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1 (b) COORDINATION WITH SURVIVOR BENEFIT

2 PLAN.—Section 1450 of title 10, United States Code, is 

3 amended— 

4 (1) in subsection (a), by inserting ‘‘, or that ap5 plies under subsection (n)’’ after ‘‘under subsection 

6 (j)’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(n) SPECIAL RULE IN CASE OF CERTAIN FINAL RE10 TIRED PAY OVERPAYMENT.—In a case described in sec11 tion 2771(e)(1)(B) of this title, if the individual described 

12 in that subsection other than the decedent is the bene13 ficiary of the decedent under the Plan, each of the first 

14 12 payments, following the death of the decedent, of the 

15 annuity payable to the decedent’s beneficiary under the 

16 Plan, shall be reduced by one-twelfth of such overpay17 ment.’’. 

18 (c) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply with respect to payments made to 

20 persons who die on or after the date of the enactment of 

21 this Act. 

Æ 


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