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House Bill 2214
117th Congress(2021-2022)
Military Retiree Survivor Comfort Act
Introduced
Introduced
Introduced in House on Mar 26, 2021
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Text
Introduced in House 
Mar 26, 2021
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Introduced in House(Mar 26, 2021)
Mar 26, 2021
About Linkage
Multiple bills can contain the same text. This could be an identical bill in the opposite chamber or a smaller bill with a section embedded in a larger bill.
Bill Sponsor regularly scans bill texts to find sections that are contained in other bill texts. When a matching section is found, the bills containing that section can be viewed by clicking "View Bills" within the bill text section.
Bill Sponsor is currently only finding exact word-for-word section matches. In a future release, partial matches will be included.
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H. R. 2214 (Introduced-in-House)


117th CONGRESS
1st Session
H. R. 2214


To amend title 10, United States Code, to direct the forgiveness or offset of an overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces.

IN THE HOUSE OF REPRESENTATIVES

March 26, 2021

Mr. Garamendi (for himself and Mr. Turner) introduced the following bill; which was referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to direct the forgiveness or offset of an overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces.

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 Retiree Survivor Comfort Act”.

SEC. 2. Forgiveness or offset of overpayment of retired pay paid to a joint account for a period after the death of the retired member of the Armed Forces.

(a) When payment deposited to joint account.—Section 2771 of title 10, United States Code, is amended by adding at the end the following new subsection:

“(e) In the case of overpayment of retired or retainer pay, arising from payment of such retired or retainer pay for any period after the date of the death of a recipient through the last day of the month in which such death occurs, if such payment is electronically deposited in an accredited financial institution to a joint account bearing the name of the decedent and another individual who is the decedent’s designated beneficiary under subsection (a)(1), the Secretary of Defense—

“(1) if the decedent is an individual to whom section 1448 of this title applies, shall elect to—

“(A) forgive the overpayment on behalf of the United States; or

“(B) offset the overpayment pursuant to subsection (n)(2) of section 1450 this title; or

“(2) if the decedent is not an individual to whom section 1448 of this title applies, shall forgive the overpayment on behalf of the United States.”.

(b) Coordination with Survivor Benefit Plan.—Section 1450 of title 10, United States Code, is amended—

(1) in subsection (a), by inserting “, or that applies under subsection (n)” after “under subsection (j)”; and

(2) by adding at the end the following new subsection:

“(n) Special rule in case of certain final retired pay overpayment.—In a case described in section 2771(e)(1)(B) of this title, if the individual described in that subsection other than the decedent is the beneficiary of the decedent under the Plan, each of the first 12 payments, following the death of the decedent, of the annuity payable to the decedent’s beneficiary under the Plan, shall be reduced by one-twelfth of such overpayment.”.

(c) Effective date.—The amendments made by this section shall apply with respect to payments made to persons who die on or after the date of the enactment of this Act.