I 
112TH CONGRESS 
1ST SESSION 
H. R. 493 
To amend title 10, United States Code, to provide for forgiveness of certain 
overpayments of retired pay paid to deceased retired members of the 
Armed Forces following their death. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2011 
Mr. JONES introduced the following bill; which was referred to the Committee 
on Armed Services 
A BILL 
To amend title 10, United States Code, to provide for for-
giveness of certain overpayments of retired pay paid to 
deceased retired members of the Armed Forces following 
their death. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Retiree Sur-
vivor Comfort Act’’. 
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SEC. 2. FORGIVENESS OF CERTAIN OVERPAYMENTS OF RE-
TIRED PAY PAID FOR PERIODS AFTER DEATH 
OF RETIRED MEMBERS. 
(a) FORGIVENESS WHEN PAYMENTS DEPOSITED TO 
JOINT ACCOUNTS.—Section 2771 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) The United States shall forgive any overpayment 
of retired or retainer pay arising from payment of such 
retired or retainer pay for any period after the date of 
the death of the recipient through the last day of the 
month in which such death occurs if such payment is elec-
tronically deposited in an accredited financial institution 
to a joint account bearing the name of the decedent and 
another individual who is the decedent’s designated bene-
ficiary under subsection (a)(1).’’. 
(b) COORDINATION
WITH
SURVIVOR
BENEFIT 
PLAN.—Section 1450 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by inserting ‘‘or that ap-
plies under subsection (n)’’ after ‘‘under subsection 
(j)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(n) SPECIAL EFFECTIVE DATE RULE WHEN FINAL 
RETIRED PAY OVERPAYMENT IS FORGIVEN.— 
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‘‘(1) ANNUITY EFFECTIVE ON FIRST DAY OF 
MONTH AFTER DEATH.—In a case covered by para-
graph (2), an annuity payable to a surviving spouse 
shall be effective on the first day of the first month 
beginning after the death of the person to whom sec-
tion 1448 of this title applies, rather than on the 
date otherwise applicable under subsection (a). 
‘‘(2) COVERED CASES.—Paragraph (1) applies 
in a case in which— 
‘‘(A) there is an overpayment of retired 
pay of a person to whom section 1448 of this 
title applies that is forgiven pursuant to section 
2771(e) of this title; and 
‘‘(B) the person who is the designated ben-
eficiary 
of 
such 
person 
under 
section 
2771(a)(1) of this title is the surviving spouse 
of such person.’’. 
(c) EFFECTIVE DATE.—Subsection (e) of section 
2771 of title 10, United States Code, as added by sub-
section (a), shall apply with respect to payments made to 
persons dying on or after the date of the enactment of 
this Act. 
Æ 
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