I 
117TH CONGRESS 
1ST SESSION H. R. 4730 
To establish, for certain individuals, an open enrollment period for the Sur-
vivor Benefit Plan under subchapter II of chapter 73 of title 10, United 
States Code. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2021 
Mr. WALTZ (for himself and Mr. PANETTA) introduced the following bill; 
which was referred to the Committee on Armed Services 
A BILL 
To establish, for certain individuals, an open enrollment pe-
riod for the Survivor Benefit Plan under subchapter II 
of chapter 73 of title 10, United States Code. 
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 ‘‘The Post-Widows Tax 
Repeal SBP Open Enrollment for Service-Disabled Vet-
erans Act’’. 
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SEC. 2. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PE-
RIOD. 
(a) PERSONS NOT CURRENTLY PARTICIPATING IN 
SURVIVOR BENEFIT PLAN.— 
(1) ELECTION OF SBP COVERAGE.—An eligible 
retired or former member may elect to participate in 
the Survivor Benefit Plan during the open enroll-
ment period specified in subsection (d). 
(2) ELIGIBLE RETIRED OR FORMER MEMBER.— 
For purposes of paragraph (1), an eligible retired or 
former member is a member or former member of 
the uniformed services who, on the day before the 
first day of the open enrollment period, discontinued 
participation in the Survivor Benefit Plan under sec-
tion 1452(g) of title 10, United States Code, and— 
(A) is entitled to retired pay; or 
(B) would be entitled to retired pay under 
chapter of title 10, United States Code (or 
chapter 67 of such title as in effect before Octo-
ber 5, 1994), but for the fact that such member 
or former member is under 60 years of age. 
(3) STATUS UNDER SBP OF PERSONS MAKING 
ELECTIONS.— 
(A) STANDARD ANNUITY.—A person mak-
ing an election under paragraph (1) by reason 
of eligibility under paragraph (2)(A) shall be 
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treated for all purposes as providing a standard 
annuity under the Survivor Benefit Plan. 
(B) RESERVE-COMPONENT
ANNUITY.—A 
person making an election under paragraph (1) 
by reason of eligibility under paragraph (2)(B) 
shall be treated for all purposes as providing a 
reserve-component annuity under the Survivor 
Benefit Plan. 
(b) MANNER OF MAKING ELECTIONS.— 
(1) IN GENERAL.—An election under this sec-
tion must be made in writing, signed by the person 
making the election, and received by the Secretary 
concerned before the end of the open enrollment pe-
riod. Except as provided in paragraph (2), any such 
election shall be made subject to the same condi-
tions, and with the same opportunities for designa-
tion of beneficiaries and specification of base 
amount, that apply under the Survivor Benefit Plan. 
A person making an election under subsection (a) to 
provide a reserve-component annuity shall make a 
designation described in section 1448(e) of title 10, 
United States Code. 
(2) ELECTION MUST BE VOLUNTARY.—An elec-
tion under this section is not effective unless the 
person making the election declares the election to 
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be voluntary. An election to participate in the Sur-
vivor Benefit Plan under this section may not be re-
quired by any court. An election to participate or 
not to participate in the Survivor Benefit Plan is not 
subject to the concurrence of a spouse or former 
spouse of the person. 
(c) EFFECTIVE DATE FOR ELECTIONS.—Any such 
election shall be effective as of the first day of the first 
calendar month following the month in which the election 
is received by the Secretary concerned. 
(d) OPEN ENROLLMENT PERIOD DEFINED.—The 
open enrollment period is the period beginning on the date 
of the enactment of this Act and ending on January 1, 
2023. 
(e) APPLICABILITY
OF CERTAIN PROVISIONS
OF 
LAW.—The provisions of sections 1449, 1453, and 1454 
of title 10, United States Code, are applicable to a person 
making an election, and to an election, under this section 
in the same manner as if the election were made under 
the Survivor Benefit Plan. 
(f) PREMIUMS
FOR
OPEN
ENROLLMENT
ELEC-
TION.— 
(1) PREMIUMS
TO
BE
CHARGED.—The Sec-
retary of Defense shall prescribe in regulations pre-
miums which a person electing under this section 
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shall be required to pay for participating in the Sur-
vivor Benefit Plan pursuant to the election. The 
total amount of the premiums to be paid by a person 
under the regulations shall be equal to the sum of— 
(A) the total amount by which the retired 
pay of the person would have been reduced be-
fore the effective date of the election if the per-
son had elected to participate in the Survivor 
Benefit Plan (for the same base amount speci-
fied in the election) at the first opportunity that 
was afforded the member to participate under 
chapter 73 of title 10, United States Code; 
(B) interest on the amounts by which the 
retired pay of the person would have been so re-
duced, computed from the dates on which the 
retired pay would have been so reduced at such 
rate or rates and according to such method-
ology as the Secretary of Defense determines 
reasonable; and 
(C) any additional amount that the Sec-
retary determines necessary to protect the actu-
arial soundness of the Department of Defense 
Military Retirement Fund against any increased 
risk for the fund that is associated with the 
election. 
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(2) PREMIUMS TO BE CREDITED TO RETIRE-
MENT FUND.—Premiums paid under the regulations 
shall be credited to the Department of Defense Mili-
tary Retirement Fund. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Survivor Benefit Plan’’ means 
the program established under subchapter II of 
chapter 73 of title 10, United States Code. 
(2) The term ‘‘retired pay’’ includes retainer 
pay paid under section 8330 of title 10, United 
States Code. 
(3) The terms ‘‘uniformed services’’ and ‘‘Sec-
retary concerned’’ have the meanings given those 
terms in section 101 of title 37, United States Code. 
(4) The term ‘‘Department of Defense Military 
Retirement Fund’’ means the Department of De-
fense Military Retirement Fund established under 
section 1461(a) of title 10, United States Code. 
Æ 
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