I

107TH CONGRESS

1ST SESSION H. R. 1232

To amend title 10, United States Code, to repeal the two-tier annuity computation system applicable to annuities for surviving spouses under the

Survivor Benefit Plan for retired members of the Armed Forces so

that there is no reduction in such an annuity when the beneficiary

becomes 62 years of age.

IN THE HOUSE OF REPRESENTATIVES

MARCH 27, 2001

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

Committee on Armed Services

A BILL

To amend title 10, United States Code, to repeal the twotier annuity computation system applicable to annuities

for surviving spouses under the Survivor Benefit Plan

for retired members of the Armed Forces so that there

is no reduction in such an annuity when the beneficiary

becomes 62 years of age.

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 Survivors Eq5 uity Act of 2001’’.
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1 SEC. 2. TERMINATION OF TWO-TIER ANNUITY COMPUTA2 TION AND SOCIAL SECURITY OFFSET UNDER

3 MILITARY SURVIVOR BENEFIT PLAN.

4 (a) TERMINATION.—Section 1451 of title 10, United

5 States Code, is amended—

6 (1) in subsection (a)—

7 (A) in paragraph (1), by striking out

8 ‘‘shall be’’ in the matter preceding subpara9 graph (A) and all that follows in that para10 graph and inserting in lieu thereof ‘‘shall be the

11 amount equal to 55 percent of the base

12 amount.’’; and

13 (B) in paragraph (2), by striking out

14 ‘‘shall be’’ in the matter preceding subpara15 graph (A) and all that follows in that para16 graph and inserting in lieu thereof ‘‘shall be the

17 amount equal to a percentage of the base

18 amount that—

19 ‘‘(A) is less than 55 percent; and

20 ‘‘(B) is determined under subsection (f).’’;

21 and

22 (2) in paragraph (1) of subsection (c), by strik23 ing out ‘‘shall be’’ in the matter preceding subpara24 graph (A) and all that follows in that paragraph and

25 inserting in lieu thereof ‘‘shall be the amount equal

26 to 55 percent of the retired pay to which the mem-
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1 ber or former member would have been entitled if

2 the member or former member had been entitled to

3 that pay based upon his years of active service when

4 he died.’’.

5 (b) REPEAL OF REQUIREMENT FOR REDUCTION OF

6 ANNUITY AT AGE 62.—Such section is further amended

7 by striking out subsection (d).

8 (c) REPEAL OF ALTERNATIVE COMPUTATION FOR

9 CERTAIN BENEFICIARIES FOR WHOM SOCIAL SECURITY

10 OFFSET WAS MORE BENEFICIAL THAN TWO-TIER COM11 PUTATION.—Such section is further amended by striking

12 out subsection (e).

13 (d) CONFORMING AMENDMENT.—Subsection (f) of

14 such section is amended by striking out ‘‘(a)(2), (b)(2),

15 or (e)(2)(B)’’ and inserting in lieu thereof ‘‘(a)(2) or

16 (b)(2)’’.

17 (e) EFFECTIVE DATE.—The amendments made by

18 this section shall apply to payment of annuities for months

19 that begin after the date of the enactment of this Act.

20 (f) RECOMPUTATION OF EXISTING ANNUITIES.—In

21 the case of a person who is a beneficiary under the Sur22 vivor Benefit Plan established by subchapter II of chapter

23 73 of title 10, United States Code, on the date of the en24 actment of this Act, the Secretary concerned (as defined

25 in section 101 of title 37, United States Code) shall re-
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1 compute the amount of that person’s annuity as necessary

2 to reflect the amendments made by this section.

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