[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 548 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 548
To amend title 10, United States Code, to increase the minimum Survivor
Benefit Plan basic annuity for surviving spouses age 62 and older, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 8, 2001
Mr. Scarborough (for himself, Mr. Weldon of Florida, Mr. Petri, Mr.
Shows, Mr. McIntyre, Mr. George Miller of California, Mr. Foley, Mr.
Saxton, and Mr. Pickering) introduced the following bill; which was
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to increase the minimum Survivor
Benefit Plan basic annuity for surviving spouses age 62 and older, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Survivor Benefits
Improvement Act of 2001''.
SEC. 2. COMPUTATION OF SURVIVOR BENEFITS.
(a) Increased Basic Annuity.--(1) Subsection (a)(1)(B)(i) of
section 1451 of title 10, United States Code, is amended by striking
``35 percent of the base amount.'' and inserting ``the product of the
base amount and the percent applicable for the month. The percent
applicable for a month is 35 percent for months beginning on or before
the date of the enactment of the Military Survivor Benefits Improvement
Act of 2001, 40 percent for months beginning after such date and before
October 2004, 45 percent for months after September 2004 and before
October 2011, and 55 percent for months after September 2011.''.
(2) Subsection (a)(2)(B)(i)(I) of such section is amended by
striking ``35 percent'' and inserting ``the percent specified under
subsection (a)(1)(B)(i) as being applicable for the month''.
(3) Subsection (c)(1)(B)(i) of such section is amended--
(A) by striking ``35 percent'' and inserting ``the
applicable percent''; and
(B) by adding at the end the following: ``The percent
applicable for a month under the preceding sentence is the
percent specified under subsection (a)(1)(B)(i) as being
applicable for that month.''.
(4) The heading for subsection (d)(2)(A) of such section is amended
to read as follows: ``Computation of annuity.--''.
(b) Adjusted Supplemental Annuity.--Section 1457(b) of title 10,
United States Code, is amended--
(1) by striking ``5, 10, 15, or 20 percent'' and inserting
``the applicable percent''; and
(2) by inserting after the first sentence the following:
``The percent used for the computation shall be an even
multiple of 5 percent and, whatever the percent specified in
the election, may not exceed 20 percent for months beginning on
or before the date of the enactment of the Military Survivor
Benefits Improvement Act of 2001, 15 percent for months
beginning after that date and before October 2004, and 10
percent for months after September 2004 and before October
2011. For months after September 2011, the percent used for the
computation shall be zero.''.
(c) Recomputation of Annuities.--(1) Effective on the first day of
each month referred to in paragraph (2)--
(A) each annuity under section 1450 of title 10, United
States Code, that commenced before that month, is computed
under a provision of section 1451 of that title amended by
subsection (a), and is payable for that month shall be
recomputed so as to be equal to the amount that would be in
effect if the percent applicable for that month under that
provision, as so amended, had been used for the initial
computation of the annuity; and
(B) each supplemental survivor annuity under section 1457
of such title that commenced before that month and is payable
for that month shall be recomputed so as to be equal to the
amount that would be in effect if the percent applicable for
that month under that section, as amended by this section, had
been used for the initial computation of the supplemental
survivor annuity.
(2) The requirements for recomputation of annuities under paragraph
(1) apply with respect to the following months:
(A) The first month that begins after the date of the
enactment of this Act.
(B) October 2004.
(C) October 2011.
(d) Recomputation of Retired Pay Reductions for Supplemental
Survivor Annuities.--(1) Effective on the first day of each month
referred to in paragraph (2), the Secretary of Defense shall take such
actions as are required by the amendments made by subsection (b) and
the provisions of subsection (c)(1)(B) to ensure that the reductions in
retired pay under section 1460 of title 10, United States Code, are
adjusted to achieve the objectives set forth in subsection (b) of that
section. Such adjustments shall be applied to retired pay reductions
applicable to every person who has elected to provide a supplemental
spouse annuity under the provisions of section 1457 of title 10, United
States Code, regardless of the date of such election.
(2) The requirements for recomputation of retired pay reductions
under paragraph (1) apply with respect to the following months:
(A) The first month that begins after the date of the
enactment of this Act.
(B) October 2004.
(C) October 2011.
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