Summary

1/3/2013--Introduced. Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities... Read More

Status

This bill was introduced on Jan 3, 2013, in a previous session of Congress, but was not passed.

Date Introduced
Jan 3, 2013

Co-Sponsors

r-105
d-132

Bill Text

A BILL

To amend title 10, United States Code, 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 compensation.

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 Surviving Spouses Equity Act''.

SEC. 2. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY DEPENDENCY AND INDEMNITY COMPENSATION.

(a) Repeal.-- (1) Repeal.--Subchapter II of chapter 73 of title 10, United States Code, is amended as follows: (A) In section 1450, by striking subsection (c). (B) In section 1451(c)-- (i) by striking paragraph (2); and (ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (2) Conforming amendments.--Such subchapter is further amended as follows: (A) In section 1450-- (i) by striking subsection (e); and (ii) by striking subsection (k). (B) In section 1451(g)(1), by striking subparagraph (C). (C) In section 1452-- (i) in subsection (f)(2), by striking ``does not apply--'' and all that follows and inserting ``does not apply in the case of a deduction made through administrative error.''; and (ii) by striking subsection (g). (D) In section 1455(c), by striking ``, 1450(k)(2),''. (b) Prohibition on Retroactive Benefits.--No benefits may be paid to any person for any period before the effective date provided under subsection (f) by reason of the amendments made by subsection (a). (c) Prohibition on Recoupment...

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Sentiment Map

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Nation

212 Supporting
14 Opposing
94% 6%

State: CA

12 Supporting
1 Opposing
92% 8%

District: 1st

2 Supporting
0 Opposing
100% 0%

Popularity Trend

Organizations Supporting

This bill would repeal the requirement for reduction of survivor annuities under the Survivor Benefit Plan to offset the receipt of survivors Dependency and Indemnity Compensation. This bill is in accordance with a longstanding DAV resolution, passed each year by the delegates to our National Convention. H.R. 32 has 19 cosponsors and was referred to the House Armed Services Committee on January 3, 2013

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Agent Orange Legacy 2 years ago

To amend title 10, United States Code, 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 compensation.

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5-03-13 - Sen. Bill Nelson (Fla.) has introduced legislation (S. 734) that would eliminate the SBP/DIC offset for widows and widowers of service members. Currently, the Department of Defense’s (DoD) Survivor Benefit Plan (SBP) is offset, dollar-for-dollar, by the amount of Department of Veterans Affairs’ (VA) Dependency and Indemnity Compensation (DIC). This bill would eliminate this so-called “widow’s tax” for approximately 60,000 widows and widowers of our U.S. service members. In January, Rep. Joe Wilson (S.C.), chairman of the House Armed Services Subcommittee on Military Personnel, introduced a similar measure (H.R. 32) in the House. http://www.fra.org/AM/Template.cfm?Section=Home&CONTENTID=15109&TEMPLATE=/CM/ContentDisplay.cfm

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Organizations Opposing

No organizations opposing yet.

Users Supporting

I support The Military Surviving Spouses Equity Act because... I have fully paid up into this program, and am Service Connected at 100% rate on my heart condition(4 bypasses in 1995) and now 2 aneurisms which will kill me. My question "Why should my widow be requireed to forfeit the insurance that I paid for in order to recieve Dependant Indenity Care benefits?"

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KY
1
OldSarge
KY-1
8 months ago

I support H.R. 32: Military Surviving Spouses Equity Act because...A long time shipmate of mine passed away 2 years ago with 100% service disability. His wife was denied SBP as she was receiving DIC. Now as of 2009 Sharp vs U.S. She is eligible to receive SBP and DIC IF SHE REMARRIES. She is 74 yrs old now. This is insane and at least immoral to suggest to a surviving spouse (of a man who paid his SBP premi;ums from his pay and his DIC with his life for this country) To require a widow to remarry is immoral and insane..The question is always WHY? Sounds like Vietnam all over again. Why is it always the ones who can least defend themselves denied a benefit that was a good faith contract with the veteran. Thank you, Senior Chief Petty Officer Kenneth a Stephenson USN (Ret)

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CA
1
seadaddy
CA-1
1 year ago

I support H.R. 32: Military Surviving Spouses Equity Act because...I am not a widow, but I am a military retiree's spouse. I don't ever want to be a widow, but should the worst occur, why should I be further punished by such a severe reduction in income? I served beside my husband by staying home with the children, caring for the house and supporting him in any way I could to help him through the long deployments. I thank you for the honor you give us who stand and wait by supporting this bill!

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NJ
2
DameYankee
NJ-2
1 year ago

I support H.R. 32: Military Surviving Spouses Equity Act because... When my husband's first wife was dying from cancer, they chose to give the benefits to the children. After she passed away and years later he remarried me. The children are grown and no longer dependants. My husband cannot change his SB to my name now. It is unfair. People should be able to make these changes and not have laws preventing this. I have taken care of this soldier's young children after their mom died as well as this soldier. Military families give up so much for their country, it is time this is recognized by making life changing events easier for these people not harder.

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MD
8
milspouse2
MD-8
1 year ago

I support H.R. 32: Military Surviving Spouses Equity Act because...I am a widow trying to survive. I lost my husband and the life we had planned together. I have continued a lonely and quiet life for 12 years now. I struggle to pay bills and work hard. The monatary benefits would give me a huge relief on my debts. Please consider helping all of the spouses that have lost not only their love but monatary income as well.

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TX
25
MKSTX
TX-25
1 year ago

I support H.R. 32: Military Surviving Spouses Equity Act because if you won't uphold your contract with veterans, you are absolutely a lower life form than pond scum.

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CA
6
EXPOSE-CAFR
CA-6
2 years ago

Users Opposing

I oppose H.R. 32: Military Surviving Spouses Equity Act because... most have to face the truth that no-one will save them and the only step to take now is with your heart and to the earth in your organic vegetable garden with God - as your window narrows. There is no end to this.

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OH
12
JohnniesMarchingHome
OH-12
2 years ago

Bill Summary


1/3/2013--Introduced.
Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.

H.R. 31 Next Steps for Credit Availability Act H.R. 33The Audit The Fed Act