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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2053 Introduced in House (IH)]

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.

    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 Reserve Survivor Benefit 
Equity Act''.

SEC. 2. EQUAL BENEFITS UNDER SURVIVOR BENEFIT PLAN FOR SURVIVORS OF 
              RESERVE COMPONENT MEMBERS WHO DIE IN THE LINE OF DUTY 
              DURING INACTIVE-DUTY TRAINING.

    (a) Treatment of Inactive-Duty Training in Same Manner as Active 
Duty.--Section 1451(c)(1)(A) of title 10, United States Code, is 
amended--
            (1) in clause (i)--
                    (A) by inserting ``or 1448(f)'' after ``section 
                1448(d)''; and
                    (B) by inserting ``or (iii)'' after ``clause 
                (ii)''; and
            (2) in clause (iii)--
                    (A) by striking ``section 1448(f) of this title'' 
                and inserting ``section 1448(f)(1)(A) of this title by 
                reason of the death of a member or former member not in 
                line of duty''; and
                    (B) by striking ``active service'' and inserting 
                ``service''.
    (b) Consistent Treatment of Dependent Children.--Paragraph (2) of 
section 1448(f) of title 10, United States Code, is amended to read as 
follows:
            ``(2) Dependent children annuity.--
                    ``(A) Annuity when no eligible surviving spouse.--
                In the case of a person described in paragraph (1), the 
                Secretary concerned shall pay an annuity under this 
                subchapter to the dependent children of that person 
                under section 1450(a)(2) of this title as applicable.
                    ``(B) Optional annuity when there is an eligible 
                surviving spouse.--The Secretary may pay an annuity 
                under this subchapter to the dependent children of a 
                person described in paragraph (1) under section 
                1450(a)(3) of this title, if applicable, instead of 
                paying an annuity to the surviving spouse under 
                paragraph (1), if the Secretary concerned, in 
                consultation with the surviving spouse, determines it 
                appropriate to provide an annuity for the dependent 
                children under this paragraph instead of an annuity for 
                the surviving spouse under paragraph (1).''.
    (c) Deemed Elections.--Section 1448(f) of title 10, United States 
Code, is further amended by adding at the end the following new 
paragraph:
            ``(5) Deemed election to provide an annuity for 
        dependent.--Paragraph (6) of subsection (d) shall apply in the 
        case of a member described in paragraph (1) who dies after 
        November 23, 2003, when no other annuity is payable on behalf 
        of the member under this subchapter.''.
    (d) Availability of Special Survivor Indemnity Allowance.--Section 
1450(m)(1)(B) of title 10, United States Code, is amended by inserting 
``or (f)'' after ``subsection (d)''.
    (e) Application of Amendments.--
            (1) Payment.--No annuity benefit under subchapter II of 
        chapter 73 of title 10, United States Code, shall accrue to any 
        person by reason of the amendments made by this section for any 
        period before the date of the enactment of this Act.
            (2) Elections.--For any death that occurred before the date 
        of the enactment of this Act with respect to which an annuity 
        under such subchapter is being paid (or could be paid) to a 
        surviving spouse, the Secretary concerned may, within six 
        months of that date and in consultation with the surviving 
        spouse, determine it appropriate to provide an annuity for the 
        dependent children of the decedent under paragraph 
        1448(f)(2)(B) of title 10, as added by subsection (b)(1), 
        instead of an annuity for the surviving spouse. Any such 
        determination and resulting change in beneficiary shall be 
        effective as of the first day of the first month following the 
        date of the determination.
                                 <all>
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