II 

112TH CONGRESS 

1ST SESSION S. 260 

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

dependency and indemnity compensation. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 2, 2011 

Mr. NELSON of Florida (for himself, Mr. INHOFE, Mr. BEGICH, Mrs. BOXER, 

Mr. BINGAMAN, Mr. SANDERS, Mr. UDALL of Colorado, Ms. SNOWE, Mr. 

VITTER, Mr. BROWN of Ohio, and Mr. KERRY) 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 reduction of survivor annuities under the Survivor Benefit Plan by 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. REPEAL OF REQUIREMENT OF REDUCTION OF 

4 SURVIVOR BENEFITS PLAN SURVIVOR ANNU5 ITIES BY DEPENDENCY AND INDEMNITY COM6 PENSATION. 

7 (a) REPEAL.— 


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1 (1) IN GENERAL.—Subchapter II of chapter 73 

2 of title 10, United States Code, is amended as fol3 lows: 

4 (A) In section 1450, by striking subsection 

5 (c). 

6 (B) In section 1451(c)— 

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

8 (ii) by redesignating paragraphs (3) 

9 and (4) as paragraphs (2) and (3), respec10 tively. 

11 (2) CONFORMING AMENDMENTS.—Such sub12 chapter is further amended as follows: 

13 (A) In section 1450— 

14 (i) by striking subsection (e); 

15 (ii) by striking subsection (k); and 

16 (iii) by striking subsection (m). 

17 (B) In section 1451(g)(1), by striking sub18 paragraph (C). 

19 (C) In section 1452— 

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

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

22 and inserting ‘‘does not apply in the case 

23 of a deduction made through administra24 tive error.’’; and 

25 (ii) by striking subsection (g). 


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

2 1450(k)(2),’’. 

3 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

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

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

6 of the amendments made by subsection (a). 

7 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

8 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI9 ENTS.—A surviving spouse who is or has been in receipt 

10 of an annuity under the Survivor Benefit Plan under sub11 chapter II of chapter 73 of title 10, United States Code, 

12 that is in effect before the effective date provided under 

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

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

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

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

17 refund to the United States. 

18 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

19 FOR DEPENDENT CHILDREN.—Section 1448(d) of such 

20 title is amended— 

21 (1) in paragraph (1), by striking ‘‘Except as 

22 provided in paragraph (2)(B), the Secretary con23 cerned’’ and inserting ‘‘The Secretary concerned’’; 

24 and 

25 (2) in paragraph (2)— 


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1 (A) by striking ‘‘DEPENDENT CHIL2 DREN.—’’ and all that follows through ‘‘In the 

3 case of a member described in paragraph (1),’’ 

4 and inserting ‘‘DEPENDENT CHILDREN ANNU5 ITY WHEN NO ELIGIBLE SURVIVING SPOUSE.— 

6 In the case of a member described in paragraph 

7 (1),’’; and 

8 (B) by striking subparagraph (B). 

9 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

10 ELIGIBLE SPOUSES.—The Secretary of the military de11 partment concerned shall restore annuity eligibility to any 

12 eligible surviving spouse who, in consultation with the Sec13 retary, previously elected to transfer payment of such an14 nuity to a surviving child or children under the provisions 

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

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

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

18 whether or not payment to such child or children subse19 quently was terminated due to loss of dependent status 

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

21 spouse includes a spouse who was previously eligible for 

22 payment of such annuity and is not remarried, or remar23 ried after having attained age 55, or whose second or sub24 sequent marriage has been terminated by death, divorce 

25 or annulment. 


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1 (f) EFFECTIVE DATE.—The sections and the amend2 ments made by this section shall take effect on the later 

3 of— 

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

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

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

7 in the calendar year in which this Act is enacted. 

Æ 


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