H. R. 1770
IN THE HOUSE OF REPRESENTATIVES
April 26, 2013
Mr. Chaffetz(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
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.
Equal benefits under Survivor Benefit Plan for reserve component members who die in the line of duty during inactive-duty training
Treatment of inactive-Duty training in same manner as active duty
Section 1451(c)(1)(A)of title 10, United States Code, is amended—
clause (ii); and
Consistent treatment of dependent children and deemed elections
Section 1448(f) of such titleis amended—
by strikingparagraph (2)and inserting the following new paragraph:
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.
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).
by adding at the end the following new paragraph:
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.
Availability of special survivor indemnity allowance
Section 1450(m)(1)(B) of
such titleis amended by inserting
Effective date; application of amendments
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.
Payment adjustment and lump-sum payments
TheSecretary of Defenseshall—
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
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).