,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #cb  ,,in ,,the ,,house ,,of    
,,representatives  ,january #c1 #bjac   
,mr4 ,wilson of ,south ,carolina 7for   
himself1 ,mr4 ,loebsack1 ,mr4           
,lo,biondo1 ,mrs4 ,davis of ,california1
 ,mr4 ,runyan1 ,mr4 ,heck of ,nevada1   
,mrs4 ,hartzler1 ,mr4 ,turner1 ,ms4     
,bordallo1 ,mr4 ,fitzpatrick1 ,mr4      
,conaway1 ,mr4 ,miller of ,florida1 ,mr4
 ,nugent1 ,mr4 ,crawford1 ,mr4 ,king of 
,new ,york1 ,mr4 ,ross1 ,mr4 ,schock1   
,mr4 ,bachus1 ,mr4 ,coffman1 and ,mr4   
,wittman7 introduced the following bill2
 which was referred to the ,committee on
 ,armed ,services  ,a ,,bill  ,to amend 
title #aj1 ,united ,states ,code1 to    
repeal the requirement for reduction of 
survivor annuities under the ,survivor  
,benefit ,plan for military surviving   
spouses to offset the receipt of        
veterans dependency and indemnity       
compensation4  #a4 ,short title ,this   
,act may be cited as the ,military      
,surviving ,spouses ,equity ,act4  #b4  

,repeal of requirement of reduction of  
,,sbp survivor annuities by dependency  
and indemnity compensation  7a7 ,repeal 
7#a7 ,repeal ,subchapter ,,ii of chapter
 #gc of title #aj1 ,united ,states      
,code1 is amended as follows3  7,a7 ,in 
section #adej1 by striking subsection   
7c74  7,b7 ,in section #adea7;c7--  7i7 
by striking paragraph 7#b72 and  7ii7 by
 redesignating paragraphs 7#c7 and 7#d7 
as paragraphs 7#b7 and 7#c71            
respectively4  7#b7 ,conforming         
amendments ,such subchapter is further  
amended as follows3  7,a7 ,in section   
#adej--  7i7 by striking subsection 7e72
 and  7ii7 by striking subsection 7k74  
7,b7 ,in section #adea7;g77#a71 by      
striking subparagraph 7,c74  7,c7 ,in   
section #adeb--  7i7 in subsection      
7f77#b71 by striking does not apply--   
and all that follows and inserting does 
not apply in the case of a deduction    
made through administrative error42 and 
7ii7 by striking subsection 7g74  7,d7  
,in section #adee7;c71 by striking 1    

#adej7k77#b714  7b7 ,prohibition on     
,retroactive ,benefits ,no benefits may 
be paid to any person for any period    
before the effective date provided under
 subsection 7f7 by reason of the        
amendments made by subsection 7a74  7c7 
,prohibition on recoupment of certain   
amounts previously refunded to ,,sbp    
recipients ,a surviving spouse who is or
 has been in receipt of an annuity under
 the ,survivor ,benefit ,plan under     
subchapter ,,ii of chapter #gc of title 
#aj1 ,united ,states ,code1 that is in  
effect before the effective date        
provided under subsection 7f7 and that  
is adjusted by reason of the amendments 
made by subsection 7a7 and who has      
received a refund of retired pay under  
section #adej7;e7 of title #aj1 ,united 
,states ,code1 shall not be required to 
repay such refund to the ,united        
,states4  7d7 ,repeal of authority for  
optional annuity for dependent children 
,section #addh7;d77#b7 of such title is 
amended--  7#a7 by striking ,dependent  

children4-- and all that follows through
 ,in the case of a member described in  
paragraph 7#a71 and inserting ,dependent
 children4--,in the case of a member    
described in paragraph 7#a712 and  7#b7 
by striking subparagraph 7,b74  7e7     
,restoration of eligibility for         
previously eligible spouses ,the        
,secretary of the military department   
concerned shall restore annuity         
eligibility to any eligible surviving   
spouse who1 in consultation with the    
,secretary1 previously elected to       
transfer payment of such annuity to a   
surviving child or children under the   
provisions of section #addh7;d77#b77;,b7
 of title #aj1 ,united ,states ,code1 as
 in effect on the day before the        
effective date provided under subsection
 7f74 ,such eligibility shall be        
restored whether or not payment to such 
child or children subsequently was      
terminated due to loss of dependent     
status or death4 ,for the purposes of   
this subsection1 an eligible spouse     

includes a spouse who was previously    
eligible for payment of such annuity and
 is not remarried1 or remarried after   
having attained age #ee1 or whose second
 or subsequent marriage has been        
terminated by death1 divorce or         
annulment4  7f7 ,effective ,date ,this  
section and the amendments made by this 
section shall take effect on the later  
of--  7#a7 ,october #a1 #bjac2 and  7#b7
 the first day of the first month that  
begins after the date of the enactment  
of this ,act4