I 
111TH CONGRESS 
1ST SESSION 
H. R. 775 
To repeal the requirement for reduction of survivor annuities under the 
Survivor Benefit Plan to offset the receipt of veterans dependency and 
indemnity compensation. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 28, 2009 
Mr. ORTIZ (for himself, Mr. WILSON of South Carolina, Ms. BORDALLO, Mr. 
EDWARDS of Texas, Mr. BROWN of South Carolina, Mr. JONES, Ms. 
BERKLEY, Mr. HOLT, Ms. CORRINE BROWN of Florida, Mr. MORAN of 
Virginia, Mr. KENNEDY, Mr. HINOJOSA, Mr. SMITH of Washington, Mr. 
PASTOR of Arizona, Mr. HONDA, Mr. REYES, Mr. LARSEN of Wash-
ington, Mr. ROGERS of Alabama, Mr. BOUCHER, Ms. KAPTUR, Mr. 
ROHRABACHER, Mr. CALVERT, Mr. GALLEGLY, Mr. BACHUS, Mr. FIL-
NER, Mr. WALZ, Mr. RODRIGUEZ, Mr. GONZALEZ, Mr. CARNEY, Mr. 
PATRICK J. MURPHY of Pennsylvania, Mr. TAYLOR, Mr. MARSHALL, Ms. 
ROS-LEHTINEN, Mrs. MALONEY, Mr. YOUNG of Alaska, Ms. WOOLSEY, 
Mrs. MCMORRIS RODGERS, Mr. BARTLETT, Mr. WOLF, Mr. SESTAK, Mr. 
SMITH of New Jersey, Mr. COURTNEY, Mr. BOOZMAN, Mr. CONNOLLY 
of Virginia, Mr. LOEBSACK, Mr. BOSWELL, Ms. SHEA-PORTER, Mrs. 
TAUSCHER, Mr. WITTMAN, Mr. BUCHANAN, Mr. PERRIELLO, Mr. 
COHEN, Mr. BRADY of Pennsylvania, Mr. WAXMAN, Mr. HOLDEN, Ms. 
ROYBAL-ALLARD, Mr. MOORE of Kansas, Mr. BERMAN, Mr. HINCHEY, 
Mr. ISRAEL, Mr. NUNES, Mr. GOHMERT, Mr. WILSON of Ohio, Mr. 
GRIJALVA, Mr. CARTER, Mr. JOHNSON of Georgia, Mr. KLEIN of Florida, 
Mr. MCNERNEY, Mr. NYE, Mr. KAGEN, Ms. KILPATRICK of Michigan, 
Mr. MCINTYRE, Mr. MILLER of Florida, Mr. LANGEVIN, Ms. SCHWARTZ, 
Mrs. BLACKBURN, Mr. KILDEE, Mr. WU, Mr. MASSA, Mr. PLATTS, Mr. 
KINGSTON, Ms. NORTON, Mr. SCOTT of Virginia, Ms. FOXX, Mr. 
SCALISE, Ms. DELAURO, Mr. CUMMINGS, Ms. EDDIE BERNICE JOHNSON 
of Texas, Mr. TIM MURPHY of Pennsylvania, Mr. GENE GREEN of Texas, 
Mr. MURPHY of Connecticut, Mr. ROONEY, Mr. BRIGHT, Mr. CONAWAY, 
Mr. PUTNAM, Mr. LATOURETTE, Mr. FALEOMAVAEGA, Mr. BRALEY of 
Iowa, and Mr. MICHAUD) introduced the following bill; which was re-
ferred to the Committee on Armed Services 
VerDate Nov 24 2008 
02:08 Jan 31, 2009
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H775.IH
H775
rfrederick on PROD1PC67 with BILLS
A BILL 
To repeal the requirement for reduction of survivor annuities 
under the Survivor Benefit Plan to offset the receipt 
of veterans dependency and indemnity compensation. 
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 REQUIREMENT OF REDUCTION OF SBP 
SURVIVOR ANNUITIES BY DEPENDENCY AND 
INDEMNITY COMPENSATION. 
(a) REPEAL.— 
(1) REPEAL.—Subchapter II of chapter 73 of 
title 10, United States Code, is amended as follows: 
(A) In section 1450, by striking subsection 
(c). 
(B) In section 1451(c)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraphs (3) 
and (4) as paragraphs (2) and (3), respec-
tively. 
(2) CONFORMING
AMENDMENTS.—Such sub-
chapter is further amended as follows: 
(A) In section 1450— 
VerDate Nov 24 2008 
02:08 Jan 31, 2009
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H775.IH
H775
rfrederick on PROD1PC67 with BILLS
(i) by striking subsection (e); and 
(ii) by striking subsection (k). 
(B) In section 1451(g)(1), by striking sub-
paragraph (C). 
(C) In section 1452— 
(i) in subsection (f)(2), by striking 
‘‘does not apply—’’ and all that follows 
and inserting ‘‘does not apply in the case 
of a deduction made through administra-
tive error.’’; and 
(ii) by striking subsection (g). 
(D) In section 1455(c), by striking ‘‘, 
1450(k)(2),’’. 
(b) PROHIBITION ON RETROACTIVE BENEFITS.—No 
benefits may be paid to any person for any period before 
the effective date provided under subsection (f) by reason 
of the amendments made by subsection (a). 
(c) PROHIBITION
ON RECOUPMENT
OF CERTAIN 
AMOUNTS PREVIOUSLY REFUNDED
TO SBP RECIPI-
ENTS.—A surviving spouse who is or has been in receipt 
of an annuity under the Survivor Benefit Plan under sub-
chapter II of chapter 73 of title 10, United States Code, 
that is in effect before the effective date provided under 
subsection (f) and that is adjusted by reason of the 
amendments made by subsection (a) and who has received 
VerDate Nov 24 2008 
02:08 Jan 31, 2009
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H775.IH
H775
rfrederick on PROD1PC67 with BILLS
a refund of retired pay under section 1450(e) of title 10, 
United States Code, shall not be required to repay such 
refund to the United States. 
(d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY 
FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of 
such title is amended— 
(1) by striking ‘‘DEPENDENT
CHILDREN.—’’ 
and all that follows through ‘‘In the case of a mem-
ber described in paragraph (1),’’ and inserting ‘‘DE-
PENDENT CHILDREN.—In the case of a member de-
scribed in paragraph (1),’’; and 
(2) by striking subparagraph (B). 
(e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY 
ELIGIBLE SPOUSES.—The Secretary of the military de-
partment concerned shall restore annuity eligibility to any 
eligible surviving spouse who, in consultation with the Sec-
retary, previously elected to transfer payment of such an-
nuity to a surviving child or children under the provisions 
of section 1448(d)(2)(B) of title 10, United States Code, 
as in effect on the day before the effective date provided 
under subsection (f). Such eligibility shall be restored 
whether or not payment to such child or children subse-
quently was terminated due to loss of dependent status 
or death. For the purposes of this subsection, an eligible 
spouse includes a spouse who was previously eligible for 
VerDate Nov 24 2008 
02:08 Jan 31, 2009
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H775.IH
H775
rfrederick on PROD1PC67 with BILLS
payment of such annuity and is not remarried, or remar-
ried after having attained age 55, or whose second or sub-
sequent marriage has been terminated by death, divorce 
or annulment. 
(f) EFFECTIVE DATE.—The sections and the amend-
ments made by this section shall take effect on the later 
of— 
(1) the first day of the first month that begins 
after the date of the enactment of this Act; or 
(2) the first day of the fiscal year that begins 
in the calendar year in which this Act is enacted. 
Æ 
VerDate Nov 24 2008 
02:08 Jan 31, 2009
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H775.IH
H775
rfrederick on PROD1PC67 with BILLS