[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [H.R. 635 Introduced in House (IH)] 103d CONGRESS 1st Session H. R. 635 To amend title 10, United States Code, to repeal the social security offset applicable to certain annuities for surviving spouses paid under the Survivor Benefit Plan for retired members of the Armed Forces to the extent that such offset is due to social security benefits based on the surviving spouse's own earnings or self-employment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 26, 1993 Mr. Sundquist introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to repeal the social security offset applicable to certain annuities for surviving spouses paid under the Survivor Benefit Plan for retired members of the Armed Forces to the extent that such offset is due to social security benefits based on the surviving spouse's own earnings or self-employment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MODIFICATION OF SOCIAL SECURITY OFFSET UNDER MILITARY SURVIVOR BENEFIT PLAN. (a) Repeal of Offset for Benefit Based on Beneficiary's Own Earnings.--Section 1451(e) of title 10, United States Code, is amended-- (1) by striking out ``would be entitled'' in paragraph (3)(A) and inserting in lieu thereof ``is entitled''; and (2) by striking out the period at the end of paragraph (4)(A) and inserting in lieu thereof ``or to the extent that the benefit to which the widow or widower is entitled is based on the widow or widower's own earnings or self-employment.''. (b) Recomputation of Existing Annuities.--(1) In the case of an individual who is a beneficiary under the Survivor Benefit Plan and who is described in paragraph (2), the Secretary concerned shall recompute the amount of such individual's annuity under such Plan as provided in subsection (e) of section 1451 of title 10, United States Code, as amended by subsection (a), if such recomputation is more favorable to the individual. (2) Paragraph (1) applies to an individual-- (A) who is eligible under paragraph (1) of subsection (e) of such section to have the individual's annuity under the Survivor Benefit Plan computed under such subsection; and (B) who during the period beginning on October 1, 1985, and ending on the date of the enactment of this Act-- (i) became eligible for such an annuity and whose annuity is computed under subsection (a)(1)(B), (a)(2)(B), or (c)(1)(B) of such section rather than under subsection (e) of such section; or (ii) while in receipt of such an annuity became 62 years of age and had the annuity reduced under subsection (d)(2)(A) of such section rather than under subsection (d)(2)(B). (3) For purposes of this paragraph, the term ``Survivor Benefit Plan'' means the program under subchapter II of chapter 73 of title 10, United States Code. (c) Effective Date.--The amendments made by subsection (a) and the provisions of subsection (b) shall apply only in the case of payments of annuities for periods that begin after the date of the enactment of this Act. <all>