I 
115TH CONGRESS 
1ST SESSION 
H. R. 846 
To amend title 10, United States Code, to repeal the requirement for reduc-
tion of survivor annuities under the Survivor Benefit Plan for military 
surviving spouses to offset the receipt of veterans dependency and indem-
nity compensation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2017 
Mr. WILSON of South Carolina 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 require-
ment for reduction of survivor annuities under the Sur-
vivor Benefit Plan for military surviving spouses to offset 
the receipt of veterans dependency and indemnity com-
pensation, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Military Surviving 
Spouses Equity Act’’. 
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SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SUR-
VIVOR BENEFIT PLAN SURVIVOR ANNUITIES 
BY AMOUNT OF DEPENDENCY AND INDEM-
NITY 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— 
(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 
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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 
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-
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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 
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.—This section and the amend-
ments made by this section shall take effect on the later 
of— 
(1) October 1, 2017; and 
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(2) the first day of the first month that begins 
after the date of the enactment of this Act. 
Æ 
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