I 

114TH CONGRESS 

1ST SESSION H. R. 2053 

To amend title 10, United States Code, to eliminate the different treatment 

under the Survivor Benefit Plan accorded members of the reserve components who die from an injury or illness incurred or aggravated in the 

line of duty during inactive-duty training compared to members of the 

Armed Forces who die in the line of duty while on active duty. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2015 

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

Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to eliminate the 

different treatment under the Survivor Benefit Plan accorded members of the reserve components who die from 

an injury or illness incurred or aggravated in the line 

of duty during inactive-duty training compared to members of the Armed Forces who die in the line of duty 

while on active duty. 

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 Reserve Sur5 vivor Benefit Equity Act’’. 


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1 SEC. 2. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN 

2 FOR SURVIVORS OF RESERVE COMPONENT 

3 MEMBERS WHO DIE IN THE LINE OF DUTY 

4 DURING INACTIVE-DUTY TRAINING. 

5 (a) TREATMENT OF INACTIVE-DUTY TRAINING IN

6 SAME MANNER AS ACTIVE DUTY.—Section 1451(c)(1)(A) 

7 of title 10, United States Code, is amended— 

8 (1) in clause (i)— 

9 (A) by inserting ‘‘or 1448(f)’’ after ‘‘sec10 tion 1448(d)’’; and 

11 (B) by inserting ‘‘or (iii)’’ after ‘‘clause 

12 (ii)’’; and 

13 (2) in clause (iii)— 

14 (A) by striking ‘‘section 1448(f) of this 

15 title’’ and inserting ‘‘section 1448(f)(1)(A) of 

16 this title by reason of the death of a member 

17 or former member not in line of duty’’; and 

18 (B) by striking ‘‘active service’’ and insert19 ing ‘‘service’’. 

20 (b) CONSISTENT TREATMENT OF DEPENDENT CHIL21 DREN.—Paragraph (2) of section 1448(f) of title 10, 

22 United States Code, is amended to read as follows: 

23 ‘‘(2) DEPENDENT CHILDREN ANNUITY.— 

24 ‘‘(A) ANNUITY WHEN NO ELIGIBLE SUR25 VIVING SPOUSE.—In the case of a person de26 scribed in paragraph (1), the Secretary conVerDate Sep 11 2014 00:14 May 07, 2015 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2053.IH H2053

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1 cerned shall pay an annuity under this sub2 chapter to the dependent children of that per3 son under section 1450(a)(2) of this title as ap4 plicable. 

5 ‘‘(B) OPTIONAL ANNUITY WHEN THERE IS

6 AN ELIGIBLE SURVIVING SPOUSE.—The Sec7 retary may pay an annuity under this sub8 chapter to the dependent children of a person 

9 described in paragraph (1) under section 

10 1450(a)(3) of this title, if applicable, instead of 

11 paying an annuity to the surviving spouse 

12 under paragraph (1), if the Secretary con13 cerned, in consultation with the surviving 

14 spouse, determines it appropriate to provide an 

15 annuity for the dependent children under this 

16 paragraph instead of an annuity for the sur17 viving spouse under paragraph (1).’’. 

18 (c) DEEMED ELECTIONS.—Section 1448(f) of title 

19 10, United States Code, is further amended by adding at 

20 the end the following new paragraph: 

21 ‘‘(5) DEEMED ELECTION TO PROVIDE AN AN22 NUITY FOR DEPENDENT.—Paragraph (6) of sub23 section (d) shall apply in the case of a member de24 scribed in paragraph (1) who dies after November 


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1 23, 2003, when no other annuity is payable on be2 half of the member under this subchapter.’’. 

3 (d) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY

4 ALLOWANCE.—Section 1450(m)(1)(B) of title 10, United 

5 States Code, is amended by inserting ‘‘or (f)’’ after ‘‘sub6 section (d)’’. 

7 (e) APPLICATION OF AMENDMENTS.— 

8 (1) PAYMENT.—No annuity benefit under sub9 chapter II of chapter 73 of title 10, United States 

10 Code, shall accrue to any person by reason of the 

11 amendments made by this section for any period be12 fore the date of the enactment of this Act. 

13 (2) ELECTIONS.—For any death that occurred 

14 before the date of the enactment of this Act with re15 spect to which an annuity under such subchapter is 

16 being paid (or could be paid) to a surviving spouse, 

17 the Secretary concerned may, within six months of 

18 that date and in consultation with the surviving 

19 spouse, determine it appropriate to provide an annu20 ity for the dependent children of the decedent under 

21 paragraph 1448(f)(2)(B) of title 10, as added by 

22 subsection (b)(1), instead of an annuity for the sur23 viving spouse. Any such determination and resulting 

24 change in beneficiary shall be effective as of the first 


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1 day of the first month following the date of the de2 termination. 

Æ 


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