I
104TH CONGRESS
1ST SESSION
H. R. 1760
To provide a military survivor annuity for widows of certain retirement-
eligible reserve members of the uniformed services who died during the
period between the establishment of the military Survivor Benefit Plan
and the creation of the reserve-component annuity under that Plan.
IN THE HOUSE OF REPRESENTATIVES
JUNE 7, 1995
Mr. DUNCAN introduced the following bill; which was referred to the
Committee on National Security
A BILL
To provide a military survivor annuity for widows of certain
retirement-eligible reserve members of the uniformed
services who died during the period between the estab-
lishment of the military Survivor Benefit Plan and the
creation of the reserve-component annuity under that
Plan.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ANNUITIES FOR CERTAIN MILITARY RESERVE
WIDOWS.
(a) SURVIVOR ANNUITY.—The Secretary concerned
shall pay an annuity under the Survivor Benefit Plan to
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each individual who is the surviving spouse of a member
of the uniformed services who—
(1) died during the period beginning on
September 21, 1972, and ending on October 1,
1978; and
(2) at the time of his death would have been en-
titled to retired pay under chapter 67 of title 10,
United States Code, but for the fact that he was
under 60 years of age.
(b) CONDITIONS.—An annuity under this section
shall be paid under the provisions of the Survivor Benefit
Plan in the same manner as if the amendments made by
Public Law 95–397 had been in effect before the member
died and the member had elected on the day before the
date of his death to provide a reserve-component annuity
under such plan to the member’s surviving spouse and had
designated the annuity to become effective on the day
after the date of his death.
(c) AMOUNT OF ANNUITY.—The amount of an annu-
ity under this section shall be computed under section
1451(e)(2)(B) of title 10, United States Code. The base
amount to be used in such computation is 100 percent
of the amount of the retired pay to which the member
would have been entitled if the member had been 60 years
of age on the date of his death, adjusted by the overall
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percentage increase in retired pay under section 1401a of
title 10, United States Code (or any other comparable pro-
vision of law), during the period beginning on the date
of the member’s death and ending on the last day of the
month in which this section is enacted.
(d) PREVENTION OF DUPLICATE BENEFITS.—If an
individual entitled to an annuity under this section is also
entitled to an annuity under the Survivor Benefit Plan
based upon a subsequent marriage, the individual may not
receive both annuities but must elect which to receive.
(e) DEFINITIONS.—As used in this section:
(1) The term ‘‘uniformed services’’ means the
Armed Forces and the commissioned corps of the
Public Health Service.
(2) The term ‘‘surviving spouse’’ has the mean-
ing given the terms ‘‘widow’’ and ‘‘widower’’ in sec-
tion 1447 of title 10, United States Code.
(3) The term ‘‘Secretary concerned’’ has the
meaning given that term in section 101 of title 10,
United States Code, and includes the Secretary of
Health and Human Services, with respect to reserve
commissioned officers of the Public Health Service.
(4) The term ‘‘Survivor Benefit Plan’’ means
the program provided under subchapter II of chap-
ter 73 of title 10, United States Code.
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(f) EFFECTIVE DATE.—No payment may be made by
reason of the enactment of this section for any period be-
fore the first day of the first month beginning on or after
the date of the enactment of this Act.
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