I 
109TH CONGRESS 
1ST SESSION 
H. R. 808
To amend title 10, United States Code, to repeal the offset from surviving 
spouse annuities under the military Survivor Benefit Plan for amounts 
paid by the Secretary of Veterans Affairs as dependency and indemnity 
compensation. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 15, 2005
Mr. BROWN of South Carolina (for himself, Mr. BARTLETT of Maryland, Mr. 
BRADLEY of New Hampshire, Ms. GINNY BROWN-WAITE of Florida, Mr. 
CALVERT, Mrs. CHRISTENSEN, Mr. TOM DAVIS of Virginia, Mr. ED-
WARDS, Mr. FILNER, Mr. FOLEY, Mr. GREEN of Wisconsin, Mr. HOLT, 
Mr. JENKINS, Mr. JONES of North Carolina, Ms. KAPTUR, Ms. KIL-
PATRICK of Michigan, Mrs. MCCARTHY, Mr. MILLER of Florida, Mr. 
MORAN of Virginia, Mr. REYES, Ms. LINDA T. SA´NCHEZ of California, 
Mr. TERRY, Mr. WOLF, and Ms. WOOLSEY) 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 offset 
from surviving spouse annuities under the military Sur-
vivor Benefit Plan for amounts paid by the Secretary 
of Veterans Affairs as dependency and indemnity com-
pensation.
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 Surviving 
Spouses Equity Act’’. 
SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COM-
PENSATION OFFSET FROM SURVIVOR BEN-
EFIT PLAN SURVIVING SPOUSE ANNUITIES. 
(a) REPEAL.—Subsections (c), (e), and (k) of section 
1450 of title 10, United States Code, and subsection (c)(2) 
of section 1451 of such title are repealed. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a)—
(1) shall take effect on the later of October 1, 
2005, and the date of the enactment of this Act; and 
(2) shall apply with respect to payment of an-
nuities under subchapter II of chapter 73 of title 10, 
United States Code, for months beginning on or 
after that date. 
(c) RECOUPMENT
OF
CERTAIN
AMOUNTS
PRE-
VIOUSLY REFUNDED TO SPB RECIPIENTS.—(1) A sur-
viving spouse who is in receipt of an SBP annuity that 
is in effect before the date specified in subsection (b) and 
that is adjusted by reason of the amendments made by 
subsection (a) and who had previously received an SBP 
retired pay refund shall repay an amount determined 
under paragraph (2). Any such repayment shall be made 
in the same manner as a repayment under subsection
(k)(2) of section 1450 of title 10, United States Code, as 
in effect on the date of the enactment of this Act. 
(2) The amount of a repayment under paragraph (1) 
shall be the amount that bears the same ratio to the 
amount of that refund as the surviving spouse’s life ex-
pectancy (determined in accordance with standard actu-
arial practices) bears to the anticipated total duration of 
the annuity (determined as the sum of such life expectancy 
and the duration of the annuity already received). 
(3) In this subsection: 
(A) The term ‘‘SBP annuity’’ means an annu-
ity under the program established under subchapter 
II of chapter 73 of title 10, United States Code. 
(B) The term ‘‘SBP retired pay refund’’ means 
a refund under subsection (e) of section 1450 of title 
10, United States Code, as in effect before the date 
specified in subsection (b).
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