Love Lives On Act of 2023

To amend titles 10 and 38, United States Code, to improve benefits and services for surviving spouses, and for other purposes. 1. Short title This Act may be cited as the Love Lives On Act of 2023 2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— (1) by striking paragraph (2); (2) by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; (3) in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) in paragraph (3) (4) in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) under paragraph (2) 3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry (a) In general Section 103(d) of title 38, United States Code, is amended— (1) in paragraph (2)(B)— (A) by inserting (i) The remarriage (B) in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence (ii) Notwithstanding clause (i) ; and (C) by adding at the end the following new clause: (iii) Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. ; and (2) in paragraph (5)— (A) by striking subparagraph (A); and (B) by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. (b) Resumption of payments to certain individuals previously denied dependency and indemnity compensation Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— (1) is the surviving spouse of a veteran; and (2) remarried before— (A) reaching age 55; and (B) the date of the enactment of this Act. 4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— (1) by striking An annuity (A) In general (A) Subject to subparagraph (B), an annuity ; and (2) by adding at the end the following new subparagraph: (B) Treatment of survivors of members who die on active duty The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2023 (i) except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or (ii) on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019. . 5. Access to commissary and exchange privileges for remarried spouses (a) Benefits Section 1062 of title 10, United States Code, is amended— (1) by striking The Secretary of Defense (a) Certain unremarried former spouses The Secretary of Defense ; (2) by striking commissary and exchange privileges use commissary stores and MWR retail facilities (3) by adding at the end the following new subsection: (b) Certain remarried surviving spouses The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. ; and (4) by adding at the end the following new subsection: (c) MWR retail facilities defined In this section, the term MWR retail facilities . (b) Clerical amendments (1) Section heading The heading of section 1062 of title 10, United States Code, is amended to read as follows: 1062. Certain former spouses and surviving spouses . (2) Table of sections The table of sections at the beginning of chapter 54 1062. Certain former spouses and surviving spouses. . 6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— (1) in subparagraph (H), by striking ; and (2) in subparagraph (I)(v), by striking the period at the end and inserting ; and (3) by adding at the end the following new subparagraph: (J) a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. . 7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: (3) The term surviving spouse .

Summary: Love Lives On Act of 2023 This bill extends entitlement for various benefit programs and services for surviving spouses of deceased members of the Armed Forces or veterans. First, the bill removes the expiration on a surviving spouses' entitlement to educational assistance through the Marine Gunnery Sergeant John David Fry Scholarship (Fry Scholarship). The bill also provides that the remarriage of a surviving spouse must not bar the furnishing of dependency and indemnity compensation to such spouse. Next, the Department of Defense may not terminate the payment of an annuity for a surviving spouse under the Survivor Benefit Plan solely because the surviving spouse remarries. Additionally, the bill provides commissary store and MWR retail facility (e.g., exchange store) access to surviving spouses regardless of the martial status of the spouse. Such spouses must be entitled to use such stores and facilities to the same extent and on the same basis as surviving spouses who did not remarry. The bill expands the definition of a dependent under TRICARE to include a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. Finally, the bill modifies the definition of a surviving spouse for purposes of veterans benefits to include same sex marriages.