I 

111TH CONGRESS 

1ST SESSION H. R. 775 

To repeal the requirement for reduction of survivor annuities under the 

Survivor Benefit Plan to offset the receipt of veterans dependency and 

indemnity compensation. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2009 

Mr. ORTIZ (for himself, Mr. WILSON of South Carolina, Ms. BORDALLO, Mr. 

EDWARDS of Texas, Mr. BROWN of South Carolina, Mr. JONES, Ms. 

BERKLEY, Mr. HOLT, Ms. CORRINE BROWN of Florida, Mr. MORAN of 

Virginia, Mr. KENNEDY, Mr. HINOJOSA, Mr. SMITH of Washington, Mr. 

PASTOR of Arizona, Mr. HONDA, Mr. REYES, Mr. LARSEN of Washington, Mr. ROGERS of Alabama, Mr. BOUCHER, Ms. KAPTUR, Mr. 

ROHRABACHER, Mr. CALVERT, Mr. GALLEGLY, Mr. BACHUS, Mr. FILNER, Mr. WALZ, Mr. RODRIGUEZ, Mr. GONZALEZ, Mr. CARNEY, Mr. 

PATRICK J. MURPHY of Pennsylvania, Mr. TAYLOR, Mr. MARSHALL, Ms. 

ROS-LEHTINEN, Mrs. MALONEY, Mr. YOUNG of Alaska, Ms. WOOLSEY, 

Mrs. MCMORRIS RODGERS, Mr. BARTLETT, Mr. WOLF, Mr. SESTAK, Mr. 

SMITH of New Jersey, Mr. COURTNEY, Mr. BOOZMAN, Mr. CONNOLLY

of Virginia, Mr. LOEBSACK, Mr. BOSWELL, Ms. SHEA-PORTER, Mrs. 

TAUSCHER, Mr. WITTMAN, Mr. BUCHANAN, Mr. PERRIELLO, Mr. 

COHEN, Mr. BRADY of Pennsylvania, Mr. WAXMAN, Mr. HOLDEN, Ms. 

ROYBAL-ALLARD, Mr. MOORE of Kansas, Mr. BERMAN, Mr. HINCHEY, 

Mr. ISRAEL, Mr. NUNES, Mr. GOHMERT, Mr. WILSON of Ohio, Mr. 

GRIJALVA, Mr. CARTER, Mr. JOHNSON of Georgia, Mr. KLEIN of Florida, 

Mr. MCNERNEY, Mr. NYE, Mr. KAGEN, Ms. KILPATRICK of Michigan, 

Mr. MCINTYRE, Mr. MILLER of Florida, Mr. LANGEVIN, Ms. SCHWARTZ, 

Mrs. BLACKBURN, Mr. KILDEE, Mr. WU, Mr. MASSA, Mr. PLATTS, Mr. 

KINGSTON, Ms. NORTON, Mr. SCOTT of Virginia, Ms. FOXX, Mr. 

SCALISE, Ms. DELAURO, Mr. CUMMINGS, Ms. EDDIE BERNICE JOHNSON

of Texas, Mr. TIM MURPHY of Pennsylvania, Mr. GENE GREEN of Texas, 

Mr. MURPHY of Connecticut, Mr. ROONEY, Mr. BRIGHT, Mr. CONAWAY, 

Mr. PUTNAM, Mr. LATOURETTE, Mr. FALEOMAVAEGA, Mr. BRALEY of 

Iowa, and Mr. MICHAUD) introduced the following bill; which was referred to the Committee on Armed Services 


rfrederick on PROD1PC67 with BILLS
2 

•HR 775 IH

A BILL 

To repeal the requirement for reduction of survivor annuities 

under the Survivor Benefit Plan 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’’. 

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

7 SURVIVOR ANNUITIES BY DEPENDENCY AND 

8 INDEMNITY COMPENSATION. 

9 (a) REPEAL.— 

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

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

12 (A) In section 1450, by striking subsection 

13 (c). 

14 (B) In section 1451(c)— 

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

16 (ii) by redesignating paragraphs (3) 

17 and (4) as paragraphs (2) and (3), respec18 tively. 

19 (2) CONFORMING AMENDMENTS.—Such sub20 chapter is further amended as follows: 

21 (A) In section 1450— 


rfrederick on PROD1PC67 with BILLS
3 

•HR 775 IH

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

2 (ii) by striking subsection (k). 

3 (B) In section 1451(g)(1), by striking sub4 paragraph (C). 

5 (C) In section 1452— 

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

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

8 and inserting ‘‘does not apply in the case 

9 of a deduction made through administra10 tive error.’’; and 

11 (ii) by striking subsection (g). 

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

13 1450(k)(2),’’. 

14 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

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

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

17 of the amendments made by subsection (a). 

18 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

19 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI20 ENTS.—A surviving spouse who is or has been in receipt 

21 of an annuity under the Survivor Benefit Plan under sub22 chapter II of chapter 73 of title 10, United States Code, 

23 that is in effect before the effective date provided under 

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

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


rfrederick on PROD1PC67 with BILLS
4 

•HR 775 IH

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

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

3 refund to the United States. 

4 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

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

6 such title is amended— 

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

8 and all that follows through ‘‘In the case of a mem9 ber described in paragraph (1),’’ and inserting ‘‘DE10 PENDENT CHILDREN.—In the case of a member de11 scribed in paragraph (1),’’; and 

12 (2) by striking subparagraph (B). 

13 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

14 ELIGIBLE SPOUSES.—The Secretary of the military de15 partment concerned shall restore annuity eligibility to any 

16 eligible surviving spouse who, in consultation with the Sec17 retary, previously elected to transfer payment of such an18 nuity to a surviving child or children under the provisions 

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

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

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

22 whether or not payment to such child or children subse23 quently was terminated due to loss of dependent status 

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

25 spouse includes a spouse who was previously eligible for 


rfrederick on PROD1PC67 with BILLS
5 

•HR 775 IH

1 payment of such annuity and is not remarried, or remar2 ried after having attained age 55, or whose second or sub3 sequent marriage has been terminated by death, divorce 

4 or annulment. 

5 (f) EFFECTIVE DATE.—The sections and the amend6 ments made by this section shall take effect on the later 

7 of— 

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

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

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

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

Æ 


rfrederick on PROD1PC67 with BILLS