I
105TH CONGRESS
1ST SESSION
H. R. 165
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
JANUARY 7, 1997
Mr. FILNER introduced the following bill; which was referred to the
Committee on National Security
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 1997’’.
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 Survi-
vor 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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