Military Retiree Survivor Comfort Act

Bill: 117-hr-2214
Sponsor: full_name: Rep. Garamendi, John [D-CA-3]
Introduced: 2021-03-26
Policy area: Armed Forces and National Security
Subjects: Bank accounts, deposits, capital

Employee benefits and pensions

Military personnel and dependents

Wages and earnings
Latest action: action_date: 2021-03-26
text: Referred to the House Committee on Armed Services.

Summaries:
action_date: 2021-03-26
action_desc: Introduced in House
text: <p><strong>Military Retiree Survivor Comfort Act</strong></p> <p>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.</p> <p>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.<br> </p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2214 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.

1. Short title This Act may be cited as the Military Retiree Survivor Comfort Act . 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.