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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 493 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 493

 To amend title 10, United States Code, to provide for forgiveness of 
certain overpayments of retired pay paid to deceased retired members of 
                the Armed Forces following their death.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2011

  Mr. Jones introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
 To amend title 10, United States Code, to provide for forgiveness of 
certain overpayments of retired pay paid to deceased retired members of 
                the Armed Forces following their death.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Retiree Survivor Comfort 
Act''.

SEC. 2. FORGIVENESS OF CERTAIN OVERPAYMENTS OF RETIRED PAY PAID FOR 
              PERIODS AFTER DEATH OF RETIRED MEMBERS.

    (a) Forgiveness When Payments Deposited to Joint Accounts.--Section 
2771 of title 10, United States Code, is amended by adding at the end 
the following new subsection:
    ``(e) The United States shall forgive any overpayment of retired or 
retainer pay arising from payment of such retired or retainer pay for 
any period after the date of the death of the recipient through the 
last day of the month in which such death occurs if such payment is 
electronically deposited in an accredited financial institution to a 
joint account bearing the name of the decedent and another individual 
who is the decedent's designated beneficiary under subsection 
(a)(1).''.
    (b) Coordination With Survivor Benefit Plan.--Section 1450 of title 
10, United States Code, is amended--
            (1) in subsection (a), by inserting ``or that applies under 
        subsection (n)'' after ``under subsection (j)''; and
            (2) by adding at the end the following new subsection:
    ``(n) Special Effective Date Rule When Final Retired Pay 
Overpayment Is Forgiven.--
            ``(1) Annuity effective on first day of month after 
        death.--In a case covered by paragraph (2), an annuity payable 
        to a surviving spouse shall be effective on the first day of 
        the first month beginning after the death of the person to whom 
        section 1448 of this title applies, rather than on the date 
        otherwise applicable under subsection (a).
            ``(2) Covered cases.--Paragraph (1) applies in a case in 
        which--
                    ``(A) there is an overpayment of retired pay of a 
                person to whom section 1448 of this title applies that 
                is forgiven pursuant to section 2771(e) of this title; 
                and
                    ``(B) the person who is the designated beneficiary 
                of such person under section 2771(a)(1) of this title 
                is the surviving spouse of such person.''.
    (c) Effective Date.--Subsection (e) of section 2771 of title 10, 
United States Code, as added by subsection (a), shall apply with 
respect to payments made to persons dying on or after the date of the 
enactment of this Act.
                                 <all>
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