Section 1 Short title
This Act may be cited as the “Military Reserve Survivor Benefit Equity Act”.
Military Reserve Survivor Benefit Equity Act
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.
Sec. 2 Equal benefits under Survivor Benefit Plan for survivors of reserve component members who die in the line of duty during inactive-duty training
Treatment of inactive-Duty training in same manner as active duty— Section 1451(c)(1)(A) of title 10, United States Code, is amended—
in clause (i)—
by inserting “or 1448(f)” after “section 1448(d)”; and
by inserting “or (iii)” after “clause (ii)”; and
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”; and
by striking “active service” and inserting “service”.
Consistent treatment of dependent children— Paragraph (2) of section 1448(f) of title 10, United States Code, is amended to read as follows:
“(2) Dependent children annuity
“(A) Annuity when no eligible surviving spouse—In the case of a person described in paragraph (1), the Secretary concerned shall pay an annuity under this subchapter to the dependent children of that person 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 dependent children of a person described in paragraph (1) 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).”
Deemed elections— Section 1448(f) of title 10, United States Code, is further amended 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.”
Availability of special survivor indemnity allowance— Section 1450(m)(1)(B) of title 10, United States Code, is amended by inserting “or (f)” after “subsection (d)”.
Application of amendments—
Payment— No annuity benefit under subchapter II of chapter 73 of title 10, United States Code, shall accrue to any person by reason of the amendments made by this section for any period before the date of the enactment of this Act.
Elections— For any death that occurred before the date of the enactment of this Act with respect to which an annuity under such subchapter is being paid (or could be paid) to a surviving spouse, the Secretary concerned may, within six months of that date and in consultation with the surviving spouse, determine it appropriate to provide an annuity for the dependent children of the decedent under paragraph 1448(f)(2)(B) of title 10, as added by subsection (b)(1), instead of an annuity for the surviving spouse. Any such determination and resulting change in beneficiary shall be effective as of the first day of the first month following the date of the determination.