< Back to H.R. 1770 (113th Congress, 2013–2015)

Text of To amend title 10, United States Code, to eliminate the different treatment under the Survivor Benefit Plan accorded members of ...

...accorded members of the reserve components who die from an injury or illness incurred or aggravated in the line of duty during i

This bill was introduced on April 26, 2013, in a previous session of Congress, but was not enacted. The text of the bill below is as of Apr 26, 2013 (Introduced).

I

113th CONGRESS

1st Session

H. R. 1770

IN THE HOUSE OF REPRESENTATIVES

April 26, 2013

(for himself,Mr. Barber,Mr. Bishop of Utah,Mr. Rice of South Carolina, andMr. Stewart) introduced the following bill; which was referred to theCommittee on Armed Services

A BILL

To amend title 10, United States Code, to eliminate the different treatment under the Survivor Benefit Plan accorded members of the reserve components who die from an injury or illness incurred or aggravated in the line of duty during inactive-duty training compared to members of the Armed Forces who die in the line of duty while on active duty.

1.

Equal benefits under Survivor Benefit Plan for reserve component members who die in the line of duty during inactive-duty training

(a)

Treatment of inactive-Duty training in same manner as active duty

Section 1451(c)(1)(A)of title 10, United States Code, is amended—

(1)

inclause (i)

(A)

by insertingor 1448(f)after section 1448(d) ; and

(B)

by insertingor (iii)afterclause (ii); and

(2)

inclause (iii), by strikingsection 1448(f) of this titleand inserting section 1448(f)(1)(A) of this titleby reason of the death of a member or former member not in line of duty.

(b)

Consistent treatment of dependent children and deemed elections

Section 1448(f) of such titleis amended—

(1)

by strikingparagraph (2)and inserting the following new paragraph:

(2)

Dependent children

(A)

Annuity when no eligible surviving spouse

In the case of a member described inparagraph (1), theSecretaryconcerned shall pay an annuity under this subchapter to the member’s dependent children undersection 1450(a)(2) of this titleas applicable.

(B)

Optional annuity when there is an eligible surviving spouse

TheSecretarymay pay an annuity under this subchapter to the member’s dependent children undersection 1450(a)(3) of this title, if applicable, instead of paying an annuity to the surviving spouse underparagraph (1), if theSecretaryconcerned, in consultation with the surviving spouse, determines it appropriate to provide an annuity for the dependent children under this paragraph instead of an annuity for the surviving spouse underparagraph (1).

; and

(2)

by adding at the end the following new paragraph:

(5)

Deemed election to provide an annuity for dependent

Paragraph (6) of subsection (d)shall apply in the case of a member described inparagraph (1)who dies after November 23, 2003, when no other annuity is payable on behalf of the member under this subchapter.

.

(c)

Availability of special survivor indemnity allowance

Section 1450(m)(1)(B) of such titleis amended by insertingor (f)aftersubsection (d).

(d)

Effective date; application of amendments

(1)

Retroactive application

Except as provided in the amendment made bysubsection (b)(2), the amendments made by this section shall take effect as of September 10, 2001, and shall apply with respect to deaths of members of the Armed Forces occurring after that date.

(2)

Payment adjustment and lump-sum payments

TheSecretary of Defenseshall—

(A)

require payments under the Survivor Benefit Plan for months beginning after the date of the enactment of this section to be adjusted to reflect the amendments made by this section; and

(B)

provide a lump-sum payment to cover the period between the death of the member concerned (or October 1, 2008, if later than that date in the case of the special survivor indemnity allowance) and the date the adjustment takes effect undersubparagraph (A).