I
107TH CONGRESS
1ST SESSION
H. R. 2203
To amend title 10, United States Code, to authorize disability retirement
to be granted posthumously for members of the Armed Forces who
die in the line of duty while on active duty, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 2001
Mr. REYES (for himself and Mr. THORNBERRY) introduced the following bill;
which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to authorize dis-
ability retirement to be granted posthumously for mem-
bers of the Armed Forces who die in the line of duty
while on active duty, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. POSTHUMOUS DISABILITY RETIREMENT FOR
MEMBERS OF THE ARMED FORCES WHO DIE
IN THE LINE OF DUTY WHILE ON ACTIVE
DUTY.
(a) AUTHORITY.—Chapter 61 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1222. Posthumous retirement: retroactive effective
date; related elections
‘‘(a) AUTHORITY.—Upon a determination by the Sec-
retary concerned that it is advantageous for the survivors
of a member of the armed forces who dies in the line of
duty while on active duty, the Secretary concerned may—
‘‘(1) posthumously retire the member under
section 1201 of this title effective immediately before
the member’s death; and
‘‘(2) make for the deceased member any elec-
tion with respect to survivor benefits under laws re-
ferred to in subsection (c) that the deceased member
would have been entitled to make upon being retired
under that section.
‘‘(b) CONSTRUCTION WITH SECTION 1201 REQUIRE-
MENTS.—Nothing in this section modifies the require-
ments set forth in section 1201 of this title regarding de-
terminations or eligibility.
‘‘(c) ADMINISTRATION OF BENEFITS LAWS.—A re-
tirement and election under subsection (a) shall be effec-
tive for the purposes of laws administered by the Secretary
of Defense or any Secretary concerned and laws adminis-
tered by the Secretary of Veterans Affairs.
‘‘(d) NONREVIEWABILITY OF DETERMINATIONS.—A
determination or election made by a Secretary concerned
under subsection (a) is not subject to judicial review.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘1222. Posthumous retirement: retroactive effective date; related elections.’’.
SEC. 2. SURVIVOR BENEFIT PLAN.
(a) SURVIVING SPOUSE ANNUITY.—Section 1448(d)
of title 10, United States Code, is amended by striking
paragraph (1) and inserting the following:
‘‘(1) SURVIVING SPOUSE ANNUITY.—The Sec-
retary concerned shall pay an annuity under this
subchapter to the surviving spouse of a member
who—
‘‘(A) dies in the line of duty while on ac-
tive duty after—
‘‘(i) becoming eligible to receive re-
tired pay;
‘‘(ii) qualifying for retired pay except
that the member has not applied for or
been granted that pay; or
‘‘(iii) completing 20 years of active
service but before the member is eligible to
retire as a commissioned officer because
the member has not completed 10 years of
active commissioned service; or
‘‘(B) dies in the line of duty while on ac-
tive duty and is posthumously retired under
section 1201 of this title pursuant to section
1222 of this title.’’.
(b) DEPENDENT CHILD ANNUITY.—Paragraph (2)
of such section is amended by striking ‘‘or if the member’s
surviving spouse subsequently dies’’ and inserting ‘‘or if
the payment of an annuity to the member’s surviving
spouse under that paragraph subsequently terminates’’.
(c) COMPUTATION OF SURVIVOR ANNUITY.—Section
1451(c) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
‘‘(5) SERVICEMEMBERS
POSTHUMOUSLY
RE-
TIRED.—In the case of an annuity provided under
section 1448(d)(1)(B) of this title, the retired pay to
which the member would have been entitled when
the member died shall be determined for purposes of
paragraph (1) based upon the retired pay base com-
puted for the member under section 1406(b) or
1407 of this title as if the member had been retired
under section 1201 of this title on the date of the
member’s death.’’.
(d) 
CONFORMING
AMENDMENTS.—Section
1451(c)(3) of such title is amended by striking ‘‘section
1448(d)(1)(B) or 1448(d)(1)(C)’’ and inserting ‘‘clause
(ii) or (iii) of section 1448(d)(1)(A)’’.
SEC. 3. EFFECT DATE AND APPLICABILITY.
This Act and the amendments made by this Act shall
take effect on the date of the enactment of this Act and
shall apply with respect to deaths of members of the
Armed Forces occurring on or after that date.
Æ