I

103D CONGRESS

1ST SESSION H. R. 635

To amend title 10, United States Code, to repeal the social security offset

applicable to certain annuities for surviving spouses paid under the

Survivor Benefit Plan for retired members of the Armed Forces to

the extent that such offset is due to social security benefits based on

the surviving spouse’s own earnings or self-employment.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 26, 1993

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

Committee on Armed Services

A BILL

To amend title 10, United States Code, to repeal the social

security offset applicable to certain annuities for surviving spouses paid under the Survivor Benefit Plan for

retired members of the Armed Forces to the extent that

such offset is due to social security benefits based on

the surviving spouse’s own earnings or self-employment.

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. MODIFICATION OF SOCIAL SECURITY OFFSET

2 UNDER MILITARY SURVIVOR BENEFIT PLAN.

3 (a) REPEAL OF OFFSET FOR BENEFIT BASED ON

4 BENEFICIARY’S OWN EARNINGS.—Section 1451(e) of title

5 10, United States Code, is amended—

6 (1) by striking out ‘‘would be entitled’’ in para7 graph (3)(A) and inserting in lieu thereof ‘‘is enti8 tled’’; and

9 (2) by striking out the period at the end of

10 paragraph (4)(A) and inserting in lieu thereof ‘‘or to

11 the extent that the benefit to which the widow or

12 widower is entitled is based on the widow or widow13 er’s own earnings or self-employment.’’.

14 (b) RECOMPUTATION OF EXISTING ANNUITIES.—(1)

15 In the case of an individual who is a beneficiary under

16 the Survivor Benefit Plan and who is described in para17 graph (2), the Secretary concerned shall recompute the

18 amount of such individual’s annuity under such Plan as

19 provided in subsection (e) of section 1451 of title 10, Unit20 ed States Code, as amended by subsection (a), if such re21 computation is more favorable to the individual.

22 (2) Paragraph (1) applies to an individual—

23 (A) who is eligible under paragraph (1) of sub24 section (e) of such section to have the individual’s

25 annuity under the Survivor Benefit Plan computed

26 under such subsection; and
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1 (B) who during the period beginning on Octo2 ber 1, 1985, and ending on the date of the enact3 ment of this Act—

4 (i) became eligible for such an annuity and

5 whose annuity is computed under subsection

6 (a)(1)(B), (a)(2)(B), or (c)(1)(B) of such sec7 tion rather than under subsection (e) of such

8 section; or

9 (ii) while in receipt of such an annuity be10 came 62 years of age and had the annuity re11 duced under subsection (d)(2)(A) of such sec12 tion rather than under subsection (d)(2)(B).

13 (3) For purposes of this paragraph, the term ‘‘Survi14 vor Benefit Plan’’ means the program under subchapter

15 II of chapter 73 of title 10, United States Code.

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

17 subsection (a) and the provisions of subsection (b) shall

18 apply only in the case of payments of annuities for periods

19 that begin after the date of the enactment of this Act.

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