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H.R. 846 (115th): Military Surviving Spouses Equity Act

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The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Feb 3, 2017.


Military Surviving Spouses Equity Act

This bill: (1) repeals certain provisions that 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 retired pay or who would be entitled to retired pay except for being under 60 years of age, (2) prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund, and (3) requires (current law authorizes) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse.

The Secretary concerned shall restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to the surviving child or children of a member.