I 

115TH CONGRESS 

1ST SESSION H. R. 846 

To amend title 10, United States Code, to repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan for military 

surviving spouses to offset the receipt of veterans dependency and indemnity compensation, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2017 

Mr. WILSON of South Carolina 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 requirement for reduction of survivor annuities under the Survivor Benefit Plan for military surviving spouses to offset 

the receipt of veterans dependency and indemnity compensation, 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Spouses Equity Act’’. 


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1 SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SUR2 VIVOR BENEFIT PLAN SURVIVOR ANNUITIES 

3 BY AMOUNT OF DEPENDENCY AND INDEM4 NITY COMPENSATION. 

5 (a) REPEAL.— 

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

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

8 (A) In section 1450, by striking subsection 

9 (c). 

10 (B) In section 1451(c)— 

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

12 (ii) by redesignating paragraphs (3) 

13 and (4) as paragraphs (2) and (3), respec14 tively. 

15 (2) CONFORMING AMENDMENTS.—Such sub16 chapter is further amended as follows: 

17 (A) In section 1450— 

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

19 (ii) by striking subsection (k). 

20 (B) In section 1451(g)(1), by striking sub21 paragraph (C). 

22 (C) In section 1452— 

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

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

25 and inserting ‘‘does not apply in the case 


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1 of a deduction made through administra2 tive error.’’; and 

3 (ii) by striking subsection (g). 

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

5 1450(k)(2),’’. 

6 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

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

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

9 of the amendments made by subsection (a). 

10 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

11 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPI12 ENTS.—A surviving spouse who is or has been in receipt 

13 of an annuity under the Survivor Benefit Plan under sub14 chapter II of chapter 73 of title 10, United States Code, 

15 that is in effect before the effective date provided under 

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

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

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

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

20 refund to the United States. 

21 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

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

23 such title is amended— 

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

25 and all that follows through ‘‘In the case of a memVerDate Sep 11 2014 22:43 Feb 10, 2017 Jkt 069200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H846.IH H846

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1 ber described in paragraph (1),’’ and inserting ‘‘DE2 PENDENT CHILDREN.—In the case of a member de3 scribed in paragraph (1),’’; and 

4 (2) by striking subparagraph (B). 

5 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

6 ELIGIBLE SPOUSES.—The Secretary of the military de7 partment concerned shall restore annuity eligibility to any 

8 eligible surviving spouse who, in consultation with the Sec9 retary, previously elected to transfer payment of such an10 nuity to a surviving child or children under the provisions 

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

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

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

14 whether or not payment to such child or children subse15 quently was terminated due to loss of dependent status 

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

17 spouse includes a spouse who was previously eligible for 

18 payment of such annuity and is not remarried, or remar19 ried after having attained age 55, or whose second or sub20 sequent marriage has been terminated by death, divorce 

21 or annulment. 

22 (f) EFFECTIVE DATE.—This section and the amend23 ments made by this section shall take effect on the later 

24 of— 

25 (1) October 1, 2017; and 


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

2 after the date of the enactment of this Act. 

Æ 


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