H.R. 1770 — Introduced in House

I 113th CONGRESS 1st Session 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, and Mr. Stewart) introduced the following bill; which was referred to the Committee on Armed Services A BILL 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. 1. Equal benefits under Survivor Benefit Plan for reserve component members who die in the line of duty during inactive-duty training (a) Treatment of inactive-Duty training in same manner as active duty Section 1451(c)(1)(A) of title 10, United States Code, is amended— (1) in clause (i)— (A) by inserting or 1448(f) after section 1448(d); and (B) by inserting or (iii) after clause (ii); and (2) in clause (iii), by striking section 1448(f) of this title and inserting section 1448(f)(1)(A) of this title by reason of the death of a member or former member not in line of duty. (b) Consistent treatment of dependent children and deemed elections Section 1448(f) of such title is amended— (1) by striking paragraph (2) and inserting the following new paragraph: (2) Dependent children (A) Annuity when no eligible surviving spouse In the case of a member described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(2) of this title as applicable. (B) Optional annuity when there is an eligible surviving spouse The Secretary may pay an annuity under this subchapter to the member’s dependent children under section 1450(a)(3) of this title, if applicable, instead of paying an annuity to the surviving spouse under paragraph (1), if the Secretary concerned, 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 under paragraph (1). ; and (2) by adding at the end the following new paragraph: (5) Deemed election to provide an annuity for dependent Paragraph (6) of subsection (d) shall apply in the case of a member described in paragraph (1) who dies after November 23, 2003, when no other annuity is payable on behalf of the member under this subchapter. . (c) Availability of special survivor indemnity allowance Section 1450(m)(1)(B) of such title is amended by inserting or (f) after subsection (d). (d) Effective date; application of amendments (1) Retroactive application Except as provided in the amendment made by subsection (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. (2) Payment adjustment and lump-sum payments The Secretary of Defense shall— (A) 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 (B) 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 under subparagraph (A).