I 

112TH CONGRESS 

1ST SESSION H. R. 178 

To amend title 10, United States Code, to repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan for military 

surviving spouses to offset the receipt of veterans dependency and indemnity compensation. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 5, 2011 

Mr. WILSON of South Carolina 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 requirement for reduction of survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset 

the receipt of veterans dependency and indemnity compensation. 

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 Surviving 

5 Spouses Equity Act’’. 

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

2 SURVIVOR ANNUITIES BY DEPENDENCY AND 

3 INDEMNITY COMPENSATION. 

4 (a) REPEAL.— 

5 (1) REPEAL.—Subchapter II of chapter 73 of 

6 title 10, United States Code, is amended as follows: 

7 (A) In section 1450, by striking subsection 

8 (c). 

9 (B) In section 1451(c)— 

10 (i) by striking paragraph (2); and 

11 (ii) by redesignating paragraphs (3) 

12 and (4) as paragraphs (2) and (3), respec13 tively. 

14 (2) CONFORMING AMENDMENTS.—Such sub15 chapter is further amended as follows: 

16 (A) In section 1450— 

17 (i) by striking subsection (e); and 

18 (ii) by striking subsection (k). 

19 (B) In section 1451(g)(1), by striking sub20 paragraph (C). 

21 (C) In section 1452— 

22 (i) in subsection (f)(2), by striking 

23 ‘‘does not apply—’’ and all that follows 

24 and inserting ‘‘does not apply in the case 

25 of a deduction made through administra26 tive error.’’; and 

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1 (ii) by striking subsection (g). 

2 (D) In section 1455(c), by striking ‘‘, 

3 1450(k)(2),’’. 

4 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

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

6 the effective date provided under subsection (f) by reason 

7 of the amendments made by subsection (a). 

8 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

9 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI10 ENTS.—A surviving spouse who is or has been in receipt 

11 of an annuity under the Survivor Benefit Plan under sub12 chapter II of chapter 73 of title 10, United States Code, 

13 that is in effect before the effective date provided under 

14 subsection (f) and that is adjusted by reason of the 

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

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

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

18 refund to the United States. 

19 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

20 FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of 

21 such title is amended— 

22 (1) by striking ‘‘DEPENDENT CHILDREN.—’’ 

23 and all that follows through ‘‘In the case of a mem24 ber described in paragraph (1),’’ and inserting ‘‘DEmstockstill on DSKH9S0YB1PROD with BILLS

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1 PENDENT CHILDREN.—In the case of a member de2 scribed in paragraph (1),’’; and 

3 (2) by striking subparagraph (B). 

4 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

5 ELIGIBLE SPOUSES.—The Secretary of the military de6 partment concerned shall restore annuity eligibility to any 

7 eligible surviving spouse who, in consultation with the Sec8 retary, previously elected to transfer payment of such an9 nuity to a surviving child or children under the provisions 

10 of section 1448(d)(2)(B) of title 10, United States Code, 

11 as in effect on the day before the effective date provided 

12 under subsection (f). Such eligibility shall be restored 

13 whether or not payment to such child or children subse14 quently was terminated due to loss of dependent status 

15 or death. For the purposes of this subsection, an eligible 

16 spouse includes a spouse who was previously eligible for 

17 payment of such annuity and is not remarried, or remar18 ried after having attained age 55, or whose second or sub19 sequent marriage has been terminated by death, divorce 

20 or annulment. 

21 (f) EFFECTIVE DATE.—This section and the amend22 ments made by this section shall take effect on the later 

23 of— 

24 (1) October 1, 2011; or 

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

2 after the date of the enactment of this Act; 

Æ 

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