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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Military Surviving Spouses Equity
Act''.

SEC. 2. REPEAL OF DEPENDENCY AND INDEMNITY COMPENSATION OFFSET FROM
SURVIVOR BENEFIT PLAN SURVIVING SPOUSE ANNUITIES AND
OPTIONAL ANNUITY AUTHORITY.

(a) Repeal.--Subsections (c), (e), and (k) of section 1450 of title
10, United States Code, and subsection (c)(2) of section 1451 of such
title are repealed.
(b) Recoupment of Certain Amounts Previously Refunded to SPB
Recipients.--
(1) Repayment required.--A surviving spouse who is in
receipt of an SBP annuity that is in effect before the
effective date of the amendments made by subsection (a) and
that is adjusted by reason of such amendments and who had
previously received an SBP retired pay refund shall repay an
amount determined under paragraph (2). Any such repayment shall
be made in the same manner as a repayment under subsection
(k)(2) of section 1450 of title 10, United States Code, as in
effect on the day before the effective date of such amendments.
(2) Amount of repayment.--The amount of a repayment under
paragraph (1) shall be the amount that bears the same ratio to
the amount of that refund as the surviving spouse's life
expectancy (determined in accordance with standard actuarial
practices) bears to the anticipated total duration of the
annuity (determined as the sum of such life expectancy and the
duration of the annuity already received)
(3) Waiver of repayment.--The Secretary of Defense may
waive the requirement that a surviving spouse make a repayment
under paragraph (1) if the Secretary determines that--
(A) hardship or other circumstances make repayment
unwarranted; or
(B) requiring repayment would otherwise not be in
the best interests of the United States.
(4) Definitions.--In this subsection:
(A) The term ''SBP annuity'' means an annuity under
the program established under subchapter II of chapter
73 of title 10, United States Code.
(B) The term ''SBP retired pay refund'' means a
refund under subsection (e) of section 1450 of title
10, United States Code, as in effect before the
effective date of the amendments made by subsection
(a).
(c) Repeal of Optional Annuity Authority.--Subsection (d) of
section 1448 of title 10, United States Code, is amended--
(1) in paragraph (1), by striking ''Except as provided in
paragraph (2)(B), the Secretary'' and inserting ''The
Secretary''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
''(2) Payment of annuity to dependent children when no
eligible surviving spouse.--In the case of a member described
in paragraph (1), the Secretary concerned shall pay an annuity
under this subchapter to the member's dependent children under
section 1450(a)(2) of this title when there is no eligible
surviving spouse.''.
(d) Restoration of Eligibility for Previously Eligible Surviving
Spouses.--
(1) Restoration.--The Secretary of Defense shall restore
eligibility for an annuity under subchapter II of chapter 73 of
title 10, United States Code, to any eligible surviving spouse
who, before the effective date of the amendments made by
subsection (c), agreed to transfer payment of such annuity to a
surviving child or children of a member of the Armed Forces
under section 1448(d)(2)(B) of such title, as in effect before
such effective date. Such eligibility shall be restored whether
or not payment to such child or children subsequently was
terminated due to loss of dependent status or death.
(2) Definition.--In this subsection, the term ''eligible
surviving spouse'' includes a person who was previously
eligible for payment of such annuity as the spouse of a member
of the Armed Forces and is unremarried after the death of the
member, is remarried after having attained age 55, or whose
second or subsequent marriage has been terminated by death,
divorce, or annulment.
(e) Effective Date and Application of Amendments.--
(1) Effective date.--The amendments made by this section
shall take effect on the later of--
(A) October 1, 2007; and
(B) the date of the enactment of this Act.
(2) Applicability.--The amendments made by subsections (a)
and (c) shall apply with respect to payment of annuities under
subchapter II of chapter 73 of title 10, United States Code,
for months beginning on or after the effective date of such
amendments under paragraph (1).
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2007, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Authorizes the Secretary of Defense to waive the recoupment requirement in certain cases. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.