Sec. 631. Benefits for survivors of members dying while in inactive-duty training status
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Section 1451(c)(1)(A) of title 10, United States Code, is amended— in clause (i)— by inserting or 1448(f)(1)(B) 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 . No annuity benefit under the Survivor Benefit Plan shall accrue to any person by reason of the amendments made by paragraph
(1)for any period before the date of the enactment of this Act. With respect to an annuity under the Survivor Benefit Plan for a death occurring on or after September 10, 2001, and before the date of the enactment of this Act, the Secretary concerned shall recompute the benefit amount to reflect the amendments made by subparagraphs
(A)and (B)(i) of paragraph (1), effective for months beginning after the date of the enactment of this Act. The amendment made by subparagraph (B)(ii) of such paragraph shall apply only with respect to an annuity under the Survivor Benefit Plan for a death occurring on or after the date of the enactment of this Act. Paragraph
(2)of section 1448(f) of title 10, United States Code, is amended to read as follows: 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 subsection (a)(2) or (a)(4) of section 1450 of this title as applicable. The Secretary may pay an annuity under this subchapter to the dependent children of a person described in paragraph
(1)under subsection (a)(3) or (a)(4) of section 1450 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). . For any death that occurred before the date of the enactment of this Act with respect to which an annuity under the Survivor Benefit Plan is being paid (or could be paid) to a surviving spouse, the Secretary concerned may, within six months of such date of enactment and in consultation with the surviving spouse, determine it appropriate to provide an annuity for the dependent children of the decedent under section 1448(f)(2)(B) of title 10, United States Codes, as added by paragraph (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 and shall apply with respect to benefit payments for months beginning on or after that day. Section 1448(f) of title 10, United States Code, as amended by subsection (b), is further amended by adding at the end the following new paragraph: In the case of a person described in paragraph
(1)who dies on or after the date of the enactment of this paragraph, the Secretary concerned may, if no other annuity is payable on behalf of that person under this subchapter, pay an annuity to a natural person who has an insurable interest in such person as if the annuity were elected by the person under subsection (b)(1). The Secretary concerned may pay such an annuity under this paragraph only in the case of a person who is a dependent of that deceased person (as defined in section 1072(2) of this title). An annuity under this paragraph shall be computed in the same manner as provided under subparagraph
(B)of subsection (d)(6) for an annuity under that subsection. . No annuity payment under paragraph
(5)of section 1448(f) of title 10, United States Code, as added by paragraph (1), may be made for any period before the date of the enactment of this Act For purposes of this section: The term Survivor Benefit Plan means the program established under subchapter II of chapter 73 of title 10, United States Code. The term Secretary concerned has the meaning given that term in section 101 of title 37, United States Code.