I 
108TH CONGRESS 
1ST SESSION H. R. 1592
To amend title 10, United States Code, to repeal the two-tier annuity com-
putation system applicable to annuities for surviving spouses under the 
Survivor Benefit Plan for retired members of the Armed Forces so 
that there is no reduction in such an annuity when the beneficiary 
becomes 62 years of age. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 3, 2003
Mr. FILNER 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 two-
tier annuity computation system applicable to annuities 
for surviving spouses under the Survivor Benefit Plan 
for retired members of the Armed Forces so that there 
is no reduction in such an annuity when the beneficiary 
becomes 62 years of age.
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 Survivors Eq-
uity Act of 2003’’.
SEC. 2. TERMINATION OF TWO-TIER ANNUITY COMPUTA-
TION AND SOCIAL SECURITY OFFSET UNDER 
MILITARY SURVIVOR BENEFIT PLAN. 
(a) TERMINATION.—Section 1451 of title 10, United 
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking out 
‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that para-
graph and inserting in lieu thereof ‘‘shall be the 
amount equal to 55 percent of the base 
amount.’’; and 
(B) in paragraph (2), by striking out 
‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that para-
graph and inserting in lieu thereof ‘‘shall be the 
amount equal to a percentage of the base 
amount that—
‘‘(A) is less than 55 percent; and 
‘‘(B) is determined under subsection (f).’’; 
and 
(2) in paragraph (1) of subsection (c), by strik-
ing out ‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that paragraph and 
inserting in lieu thereof ‘‘shall be the amount equal 
to 55 percent of the retired pay to which the mem-
ber or former member would have been entitled if 
the member or former member had been entitled to 
that pay based upon his years of active service when 
he died.’’. 
(b) REPEAL OF REQUIREMENT FOR REDUCTION OF 
ANNUITY AT AGE 62.—Such section is further amended 
by striking out subsection (d). 
(c) REPEAL OF ALTERNATIVE COMPUTATION FOR 
CERTAIN BENEFICIARIES FOR WHOM SOCIAL SECURITY 
OFFSET WAS MORE BENEFICIAL THAN TWO-TIER COM-
PUTATION.—Such section is further amended by striking 
out subsection (e). 
(d) CONFORMING AMENDMENT.—Subsection (f) of 
such section is amended by striking out ‘‘(a)(2), (b)(2), 
or (e)(2)(B)’’ and inserting in lieu thereof ‘‘(a)(2) or 
(b)(2)’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to payment of annuities for months 
that begin after the date of the enactment of this Act. 
(f) RECOMPUTATION OF EXISTING ANNUITIES.—In 
the case of a person who is a beneficiary under the Sur-
vivor Benefit Plan established by subchapter II of chapter 
73 of title 10, United States Code, on the date of the en-
actment of this Act, the Secretary concerned (as defined 
in section 101 of title 37, United States Code) shall re-
compute the amount of that person’s annuity as necessary 
to reflect the amendments made by this section.
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