I 
110TH CONGRESS 
1ST SESSION H. R. 1589 
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, to repeal the optional annuity authority for the dependent 
children of a member when there is an eligible surviving spouse, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 20, 2007 
Mr. BROWN of South Carolina (for himself and Mr. TOM DAVIS of Virginia) 
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, to repeal the optional annuity authority for 
the dependent children of a member when there is an 
eligible surviving spouse, and for other purposes. 
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. 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 
AND OPTIONAL ANNUITY AUTHORITY. 
(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of section 1451 of such title are repealed.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) RECOUPMENT
OF
CERTAIN
AMOUNTS
PRE-
VIOUSLY REFUNDED TO SPB RECIPIENTS.— 
(1) 
REPAYMENT
REQUIRED.—A 
surviving 
spouse who is in receipt of an SBP annuity that is 
in effect before the effective date of the amendments 
made by subsection (a) and that is adjusted by rea-
son of such amendments and who had previously re-
ceived 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 
day before the effective date of such amendments. 
(2) AMOUNT OF REPAYMENT.—The amount of 
a repayment under paragraph (1) shall be the 
amount that bears the same ratio to the amount of 
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that refund as the surviving spouse’s life expectancy 
(determined in accordance with standard actuarial 
practices) bears to the anticipated total duration of 
the annuity (determined as the sum of such life ex-
pectancy and the duration of the annuity already re-
ceived) 
(3) WAIVER OF REPAYMENT.—The Secretary of 
Defense may waive the requirement that a surviving 
spouse make a repayment under paragraph (1) if 
the Secretary determines that— 
(A) hardship or other circumstances make 
repayment unwarranted; or 
(B) requiring repayment would otherwise 
not be in the best interests of the United 
States. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘SBP annuity’’ means an 
annuity 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 ef-
fect before the effective date of the amendments 
made by subsection (a). 
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(c) REPEAL OF OPTIONAL ANNUITY AUTHORITY.— 
Subsection (d) of section 1448 of title 10, United States 
Code, is amended— 
(1) in paragraph (1), by striking ‘‘Except as 
provided in paragraph (2)(B), the Secretary’’ and 
inserting ‘‘The Secretary’’; and 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) PAYMENT
OF
ANNUITY
TO
DEPENDENT 
CHILDREN
WHEN
NO
ELIGIBLE
SURVIVING 
SPOUSE.—In the case of a member described in 
paragraph (1), the Secretary concerned shall pay an 
annuity under this subchapter to the member’s de-
pendent children under section 1450(a)(2) of this 
title when there is no eligible surviving spouse.’’. 
(d) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY 
ELIGIBLE SURVIVING SPOUSES.— 
(1) RESTORATION.—The Secretary of Defense 
shall restore eligibility for an annuity under sub-
chapter II of chapter 73 of title 10, United States 
Code, to any eligible surviving spouse who, before 
the effective date of the amendments made by sub-
section (c), agreed to transfer payment of such an-
nuity to a surviving child or children of a member 
of the Armed Forces under section 1448(d)(2)(B) of 
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