[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4730 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4730
To establish, for certain individuals, an open enrollment period for
the Survivor Benefit Plan under subchapter II of chapter 73 of title
10, United States Code.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 27, 2021
Mr. Waltz (for himself and Mr. Panetta) introduced the following bill;
which was referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To establish, for certain individuals, an open enrollment period for
the Survivor Benefit Plan under subchapter II of chapter 73 of title
10, United States Code.
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 ``The Post-Widows Tax Repeal SBP Open
Enrollment for Service-Disabled Veterans Act''.
SEC. 2. SURVIVOR BENEFIT PLAN OPEN ENROLLMENT PERIOD.
(a) Persons Not Currently Participating in Survivor Benefit Plan.--
(1) Election of sbp coverage.--An eligible retired or
former member may elect to participate in the Survivor Benefit
Plan during the open enrollment period specified in subsection
(d).
(2) Eligible retired or former member.--For purposes of
paragraph (1), an eligible retired or former member is a member
or former member of the uniformed services who, on the day
before the first day of the open enrollment period,
discontinued participation in the Survivor Benefit Plan under
section 1452(g) of title 10, United States Code, and--
(A) is entitled to retired pay; or
(B) would be entitled to retired pay under chapter
of title 10, United States Code (or chapter 67 of such
title as in effect before October 5, 1994), but for the
fact that such member or former member is under 60
years of age.
(3) Status under sbp of persons making elections.--
(A) Standard annuity.--A person making an election
under paragraph (1) by reason of eligibility under
paragraph (2)(A) shall be treated for all purposes as
providing a standard annuity under the Survivor Benefit
Plan.
(B) Reserve-component annuity.--A person making an
election under paragraph (1) by reason of eligibility
under paragraph (2)(B) shall be treated for all
purposes as providing a reserve-component annuity under
the Survivor Benefit Plan.
(b) Manner of Making Elections.--
(1) In general.--An election under this section must be
made in writing, signed by the person making the election, and
received by the Secretary concerned before the end of the open
enrollment period. Except as provided in paragraph (2), any
such election shall be made subject to the same conditions, and
with the same opportunities for designation of beneficiaries
and specification of base amount, that apply under the Survivor
Benefit Plan. A person making an election under subsection (a)
to provide a reserve-component annuity shall make a designation
described in section 1448(e) of title 10, United States Code.
(2) Election must be voluntary.--An election under this
section is not effective unless the person making the election
declares the election to be voluntary. An election to
participate in the Survivor Benefit Plan under this section may
not be required by any court. An election to participate or not
to participate in the Survivor Benefit Plan is not subject to
the concurrence of a spouse or former spouse of the person.
(c) Effective Date for Elections.--Any such election shall be
effective as of the first day of the first calendar month following the
month in which the election is received by the Secretary concerned.
(d) Open Enrollment Period Defined.--The open enrollment period is
the period beginning on the date of the enactment of this Act and
ending on January 1, 2023.
(e) Applicability of Certain Provisions of Law.--The provisions of
sections 1449, 1453, and 1454 of title 10, United States Code, are
applicable to a person making an election, and to an election, under
this section in the same manner as if the election were made under the
Survivor Benefit Plan.
(f) Premiums for Open Enrollment Election.--
(1) Premiums to be charged.--The Secretary of Defense shall
prescribe in regulations premiums which a person electing under
this section shall be required to pay for participating in the
Survivor Benefit Plan pursuant to the election. The total
amount of the premiums to be paid by a person under the
regulations shall be equal to the sum of--
(A) the total amount by which the retired pay of
the person would have been reduced before the effective
date of the election if the person had elected to
participate in the Survivor Benefit Plan (for the same
base amount specified in the election) at the first
opportunity that was afforded the member to participate
under chapter 73 of title 10, United States Code;
(B) interest on the amounts by which the retired
pay of the person would have been so reduced, computed
from the dates on which the retired pay would have been
so reduced at such rate or rates and according to such
methodology as the Secretary of Defense determines
reasonable; and
(C) any additional amount that the Secretary
determines necessary to protect the actuarial soundness
of the Department of Defense Military Retirement Fund
against any increased risk for the fund that is
associated with the election.
(2) Premiums to be credited to retirement fund.--Premiums
paid under the regulations shall be credited to the Department
of Defense Military Retirement Fund.
(g) Definitions.--In this section:
(1) The term ``Survivor Benefit Plan'' means the program
established under subchapter II of chapter 73 of title 10,
United States Code.
(2) The term ``retired pay'' includes retainer pay paid
under section 8330 of title 10, United States Code.
(3) The terms ``uniformed services'' and ``Secretary
concerned'' have the meanings given those terms in section 101
of title 37, United States Code.
(4) The term ``Department of Defense Military Retirement
Fund'' means the Department of Defense Military Retirement Fund
established under section 1461(a) of title 10, United States
Code.
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