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H.R. 2827: Captain James C. Edge Gold Star Spouse Equity Act


The text of the bill below is as of Apr 22, 2021 (Introduced).


I

117th CONGRESS

1st Session

H. R. 2827

IN THE HOUSE OF REPRESENTATIVES

April 22, 2021

(for himself, Mr. Moulton, and Mr. Crow) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend titles 10 and 38, United States Code, to expand certain benefits for surviving spouses of members of the Armed Forces who die in line of duty, and for other purposes.

1.

Short title

This Act may be cited as the Captain James C. Edge Gold Star Spouse Equity Act.

2.

Continued eligibility for Survivor Benefit Plan for certain surviving spouses who remarry

Section 1450(b)(2) of title 10, United States Code, is amended—

(1)

by striking An annuity and inserting (A) Subject to subparagraph (B), an annuity; and

(2)

by adding at the end the following new subparagraph:

(B)

The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of the Captain James C. Edge Gold Star Spouse Equity Act, the Secretary shall resume payment of the annuity to that surviving spouse for each month after the date of the enactment of that Act.

.

3.

Continued eligibility for dependency and indemnity compensation for surviving spouses who remarry

(a)

In general

Section 103(d) of title 38, United States Code, is amended—

(1)

in paragraph (2)(B), by adding at the end the following: The remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran.; and

(2)

in paragraph (5), by striking subparagraph (A) and renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.

(b)

Resumption of payments to certain individuals previously denied dependency and indemnity compensation

Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who—

(1)

is the surviving spouse of a veteran; and

(2)

remarried before—

(A)

reaching age 57; and

(B)

the date of the enactment of this Act.