Captain James C. Edge Gold Star Spouse Equity Act
Bill: H.R.2827 | Sponsor: Rep. Waltz, Michael (R-FL)
Policy area: Armed Forces and National Security

Summary:
Captain James C. Edge Gold Star Spouse Equity Act
This bill addresses restrictions on benefits for surviving spouses of service members.
Specifically, the bill prohibits the termination of the payment of an annuity under the Survivor Benefit Plan for certain surviving spouses of service members who died while on active duty solely because the surviving spouse remarries. The Department of Defense must resume payment of an annuity to surviving spouses who remarried before the age of 55 and before the enactment of this bill.
The remarriage of a surviving spouse of a veteran does not bar the provision of dependency and indemnity compensation, regardless of their age when they remarried. The Department of Veterans Affairs must resume payment of dependency and indemnity compensation to surviving spouses who remarried before the age of 57 prior to the enactment of this bill.

To amend titles 10 and 38, United States Code, to expand certain 
 benefits for surviving spouses of members of the Armed Forces who die 
                in line of duty, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Captain James C. Edge Gold Star 
Spouse Equity Act''.

SEC. 2. CONTINUED ELIGIBILITY FOR SURVIVOR BENEFIT PLAN FOR CERTAIN 
              SURVIVING SPOUSES WHO REMARRY.

    Section 1450(b)(2) of title 10, United States Code, is amended--
            (1) by striking ``An annuity'' and inserting ``(A) Subject 
        to subparagraph (B), an annuity''; and
            (2) by adding at the end the following new subparagraph:
            ``(B) The Secretary may not terminate payment of an annuity 
        for a surviving spouse described in subparagraph (A) or (B) of 
        section 1448(d)(1) solely because that surviving spouse 
        remarries. In the case of a surviving spouse who remarried 
        before reaching age 55 and before the date of the enactment of 
        the Captain James C. Edge Gold Star Spouse Equity Act, the 
        Secretary shall resume payment of the annuity to that surviving 
        spouse for each month after the date of the enactment of that 
        Act.''.

SEC. 3. CONTINUED ELIGIBILITY FOR DEPENDENCY AND INDEMNITY COMPENSATION 
              FOR SURVIVING SPOUSES WHO REMARRY.

    (a) In General.--Section 103(d) of title 38, United States Code, is 
amended--
            (1) in paragraph (2)(B), by adding at the end the 
        following: ``The remarriage of a surviving spouse shall not bar 
        the furnishing of benefits under section 1311 of this title to 
        the surviving spouse of a veteran.''; and
            (2) in paragraph (5), by striking subparagraph (A) and 
        renumbering subparagraphs (B) through (E) as subparagraphs (A) 
        through (D), respectively.
    (b) Resumption of Payments to Certain Individuals Previously Denied 
Dependency and Indemnity Compensation.--Beginning on the first day of 
the first month after the date of the enactment of this Act, the 
Secretary shall resume payment of dependency and indemnity compensation 
under section 1311 of such title to each living individual who--
            (1) is the surviving spouse of a veteran; and
            (2) remarried before--
                    (A) reaching age 57; and
                    (B) the date of the enactment of this Act.
                                 <all>