Title: Military Retiree Survivor Comfort Act
Policy area: Armed Forces and National Security

Summary:
Military Retiree Survivor Comfort Act
This bill addresses the overpayment of retired or retainer pay to a joint account (bearing the name of the decedent and the decedent's designated beneficiary) during the month of the death of a retired member of the armed forces.
Specifically, the bill authorizes the Department of Defense (DOD) to forgive or offset the overpayment if the decedent was enrolled in the Survivor Benefit Plan (SBP). In the case of an offset, each of the first 12 SBP annuity payments after the death of the retired service member must be reduced by one-twelfth of the overpayment. If the decedent was not enrolled in the SBP, DOD is authorized to forgive the overpayment.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2214 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 2214

  To amend title 10, United States Code, to direct the forgiveness or 
 offset of an overpayment of retired pay paid to a joint account for a 
   period after the death of the retired member of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 26, 2021

  Mr. Garamendi (for himself and Mr. Turner) introduced the following 
      bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
  To amend title 10, United States Code, to direct the forgiveness or 
 offset of an overpayment of retired pay paid to a joint account for a 
   period after the death of the retired member of the Armed Forces.

    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 ``Military Retiree Survivor Comfort 
Act''.

SEC. 2. FORGIVENESS OR OFFSET OF OVERPAYMENT OF RETIRED PAY PAID TO A 
              JOINT ACCOUNT FOR A PERIOD AFTER THE DEATH OF THE RETIRED 
              MEMBER OF THE ARMED FORCES.

    (a) When Payment Deposited to Joint Account.--Section 2771 of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
    ``(e) In the case of overpayment of retired or retainer pay, 
arising from payment of such retired or retainer pay for any period 
after the date of the death of a recipient through the last day of the 
month in which such death occurs, if such payment is electronically 
deposited in an accredited financial institution to a joint account 
bearing the name of the decedent and another individual who is the 
decedent's designated beneficiary under subsection (a)(1), the 
Secretary of Defense--
            ``(1) if the decedent is an individual to whom section 1448 
        of this title applies, shall elect to--
                    ``(A) forgive the overpayment on behalf of the 
                United States; or
                    ``(B) offset the overpayment pursuant to subsection 
                (n)(2) of section 1450 this title; or
            ``(2) if the decedent is not an individual to whom section 
        1448 of this title applies, shall forgive the overpayment on 
        behalf of the United States.''.
    (b) Coordination With Survivor Benefit Plan.--Section 1450 of title 
10, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or that applies 
        under subsection (n)'' after ``under subsection (j)''; and
            (2) by adding at the end the following new subsection:
    ``(n) Special Rule in Case of Certain Final Retired Pay 
Overpayment.--In a case described in section 2771(e)(1)(B) of this 
title, if the individual described in that subsection other than the 
decedent is the beneficiary of the decedent under the Plan, each of the 
first 12 payments, following the death of the decedent, of the annuity 
payable to the decedent's beneficiary under the Plan, shall be reduced 
by one-twelfth of such overpayment.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to payments made to persons who die on or after the 
date of the enactment of this Act.
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