I 
113TH CONGRESS 
1ST SESSION H. R. 1770 
To amend title 10, United States Code, to eliminate the different treatment 
under the Survivor Benefit Plan accorded members of the reserve compo-
nents who die from an injury or illness incurred or aggravated in the 
line of duty during inactive-duty training compared to members of the 
Armed Forces who die in the line of duty while on active duty. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 26, 2013 
Mr. CHAFFETZ (for himself, Mr. BARBER, Mr. BISHOP of Utah, Mr. RICE of 
South Carolina, and Mr. STEWART) introduced the following bill; which 
was referred to the Committee on Armed Services 
A BILL 
To amend title 10, United States Code, to eliminate the 
different treatment under the Survivor Benefit Plan ac-
corded members of the reserve components who die from 
an injury or illness incurred or aggravated in the line 
of duty during inactive-duty training compared to mem-
bers of the Armed Forces who die in the line of duty 
while on active duty. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. EQUAL BENEFITS UNDER SURVIVOR BENEFIT 
PLAN FOR RESERVE COMPONENT MEMBERS 
WHO DIE IN THE LINE OF DUTY DURING IN-
ACTIVE-DUTY TRAINING. 
(a) TREATMENT OF INACTIVE-DUTY TRAINING IN 
SAME MANNER AS ACTIVE DUTY.—Section 1451(c)(1)(A) 
of title 10, United States Code, is amended— 
(1) in clause (i)— 
(A) by inserting ‘‘or 1448(f)’’ after ‘‘sec-
tion 1448(d)’’; and 
(B) by inserting ‘‘or (iii)’’ after ‘‘clause 
(ii)’’; and 
(2) in clause (iii), by striking ‘‘section 1448(f) 
of this title’’ and inserting ‘‘section 1448(f)(1)(A) of 
this title by reason of the death of a member or 
former member not in line of duty’’. 
(b) CONSISTENT TREATMENT OF DEPENDENT CHIL-
DREN
AND DEEMED ELECTIONS.—Section 1448(f) of 
such title is amended— 
(1) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) DEPENDENT CHILDREN.— 
‘‘(A) ANNUITY WHEN NO ELIGIBLE SUR-
VIVING SPOUSE.—In the case of a member de-
scribed in paragraph (1), the Secretary con-
cerned shall pay an annuity under this sub-
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chapter to the member’s dependent children 
under section 1450(a)(2) of this title as appli-
cable. 
‘‘(B) OPTIONAL ANNUITY WHEN THERE IS 
AN
ELIGIBLE
SURVIVING
SPOUSE.—The Sec-
retary may pay an annuity under this sub-
chapter to the member’s dependent children 
under section 1450(a)(3) of this title, if applica-
ble, instead of paying an annuity to the sur-
viving spouse under paragraph (1), if the Sec-
retary concerned, in consultation with the sur-
viving spouse, determines it appropriate to pro-
vide an annuity for the dependent children 
under this paragraph instead of an annuity for 
the surviving spouse under paragraph (1).’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(5) DEEMED ELECTION TO PROVIDE AN AN-
NUITY
FOR
DEPENDENT.—Paragraph (6) of sub-
section (d) shall apply in the case of a member de-
scribed in paragraph (1) who dies after November 
23, 2003, when no other annuity is payable on be-
half of the member under this subchapter.’’. 
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(c) AVAILABILITY OF SPECIAL SURVIVOR INDEMNITY 
ALLOWANCE.—Section 1450(m)(1)(B) of such title is 
amended by inserting ‘‘or (f)’’ after ‘‘subsection (d)’’. 
(d) EFFECTIVE DATE; APPLICATION
OF AMEND-
MENTS.— 
(1) RETROACTIVE
APPLICATION.—Except as 
provided in the amendment made by subsection 
(b)(2), the amendments made by this section shall 
take effect as of September 10, 2001, and shall 
apply with respect to deaths of members of the 
Armed Forces occurring after that date. 
(2) PAYMENT
ADJUSTMENT
AND
LUMP-SUM 
PAYMENTS.—The Secretary of Defense shall— 
(A) require payments under the Survivor 
Benefit Plan for months beginning after the 
date of the enactment of this section to be ad-
justed to reflect the amendments made by this 
section; and 
(B) provide a lump-sum payment to cover 
the period between the death of the member 
concerned (or October 1, 2008, if later than 
that date in the case of the special survivor in-
demnity allowance) and the date the adjustment 
takes effect under subparagraph (A). 
Æ 
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