I 

110TH CONGRESS 

1ST SESSION H. R. 1589 

To amend title 10, United States Code, to repeal the offset from surviving 

spouse annuities under the military Survivor Benefit Plan for amounts 

paid by the Secretary of Veterans Affairs as dependency and indemnity 

compensation, to repeal the optional annuity authority for the dependent 

children of a member when there is an eligible surviving spouse, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

Mr. BROWN of South Carolina (for himself and Mr. TOM DAVIS of Virginia) 

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 offset 

from surviving spouse annuities under the military Survivor Benefit Plan for amounts paid by the Secretary 

of Veterans Affairs as dependency and indemnity compensation, to repeal the optional annuity authority for 

the dependent children of a member when there is an 

eligible surviving spouse, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Military Surviving 

3 Spouses Equity Act’’. 

4 SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COM5 PENSATION OFFSET FROM SURVIVOR BEN6 EFIT PLAN SURVIVING SPOUSE ANNUITIES 

7 AND OPTIONAL ANNUITY AUTHORITY. 

8 (a) REPEAL.—Subsections (c), (e), and (k) of section 

9 1450 of title 10, United States Code, and subsection (c)(2) 

10 of section 1451 of such title are repealed. 

11 (b) RECOUPMENT OF CERTAIN AMOUNTS PRE12 VIOUSLY REFUNDED TO SPB RECIPIENTS.— 

13 (1) REPAYMENT REQUIRED.—A surviving 

14 spouse who is in receipt of an SBP annuity that is 

15 in effect before the effective date of the amendments 

16 made by subsection (a) and that is adjusted by rea17 son of such amendments and who had previously re18 ceived an SBP retired pay refund shall repay an 

19 amount determined under paragraph (2). Any such 

20 repayment shall be made in the same manner as a 

21 repayment under subsection (k)(2) of section 1450 

22 of title 10, United States Code, as in effect on the 

23 day before the effective date of such amendments. 

24 (2) AMOUNT OF REPAYMENT.—The amount of 

25 a repayment under paragraph (1) shall be the 

26 amount that bears the same ratio to the amount of 

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1 that refund as the surviving spouse’s life expectancy 

2 (determined in accordance with standard actuarial 

3 practices) bears to the anticipated total duration of 

4 the annuity (determined as the sum of such life ex5 pectancy and the duration of the annuity already re6 ceived) 

7 (3) WAIVER OF REPAYMENT.—The Secretary of 

8 Defense may waive the requirement that a surviving 

9 spouse make a repayment under paragraph (1) if 

10 the Secretary determines that— 

11 (A) hardship or other circumstances make 

12 repayment unwarranted; or 

13 (B) requiring repayment would otherwise 

14 not be in the best interests of the United 

15 States. 

16 (4) DEFINITIONS.—In this subsection: 

17 (A) The term ‘‘SBP annuity’’ means an 

18 annuity under the program established under 

19 subchapter II of chapter 73 of title 10, United 

20 States Code. 

21 (B) The term ‘‘SBP retired pay refund’’ 

22 means a refund under subsection (e) of section 

23 1450 of title 10, United States Code, as in ef24 fect before the effective date of the amendments 

25 made by subsection (a). 

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1 (c) REPEAL OF OPTIONAL ANNUITY AUTHORITY.— 

2 Subsection (d) of section 1448 of title 10, United States 

3 Code, is amended— 

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

5 provided in paragraph (2)(B), the Secretary’’ and 

6 inserting ‘‘The Secretary’’; and 

7 (2) by striking paragraph (2) and inserting the 

8 following new paragraph: 

9 ‘‘(2) PAYMENT OF ANNUITY TO DEPENDENT

10 CHILDREN WHEN NO ELIGIBLE SURVIVING

11 SPOUSE.—In the case of a member described in 

12 paragraph (1), the Secretary concerned shall pay an 

13 annuity under this subchapter to the member’s de14 pendent children under section 1450(a)(2) of this 

15 title when there is no eligible surviving spouse.’’. 

16 (d) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

17 ELIGIBLE SURVIVING SPOUSES.— 

18 (1) RESTORATION.—The Secretary of Defense 

19 shall restore eligibility for an annuity under sub20 chapter II of chapter 73 of title 10, United States 

21 Code, to any eligible surviving spouse who, before 

22 the effective date of the amendments made by sub23 section (c), agreed to transfer payment of such an24 nuity to a surviving child or children of a member 

25 of the Armed Forces under section 1448(d)(2)(B) of 

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1 such title, as in effect before such effective date. 

2 Such eligibility shall be restored whether or not pay3 ment to such child or children subsequently was ter4 minated due to loss of dependent status or death. 

5 (2) DEFINITION.—In this subsection, the term 

6 ‘‘eligible surviving spouse’’ includes a person who 

7 was previously eligible for payment of such annuity 

8 as the spouse of a member of the Armed Forces and 

9 is unremarried after the death of the member, is re10 married after having attained age 55, or whose sec11 ond or subsequent marriage has been terminated by 

12 death, divorce, or annulment. 

13 (e) EFFECTIVE DATE AND APPLICATION OF AMEND14 MENTS.— 

15 (1) EFFECTIVE DATE.—The amendments made 

16 by this section shall take effect on the later of— 

17 (A) October 1, 2007; and 

18 (B) the date of the enactment of this Act. 

19 (2) APPLICABILITY.—The amendments made 

20 by subsections (a) and (c) shall apply with respect 

21 to payment of annuities under subchapter II of 

22 chapter 73 of title 10, United States Code, for 

23 months beginning on or after the effective date of 

24 such amendments under paragraph (1). 

Æ 

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