A bill to amend title 10, United States Code, to remove certain inequities in the Survivor Benefit Plan provided for under chapter 73 of such title, and for other purposes.
Public Law 96-402 · S. 91 · 96th Congress · began in the Senate
Signed by Jimmy Carter (D) on Oct 9, 1980 · Armed Forces and National Security
Sponsor: Sen. Strom Thurmond (R-SC)
Cosponsors (18): Sen. Gary Hart, Sen. Paul Laxalt,
Passage votes
- HouseMethod not stated
- SenateMethod not stated
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Uniformed Services Survivor Benefit Amendments of 1980 - States that the monthly annuity of a widow or widower under the armed forces Survivor Benefit Plan shall not be reduced by more than 40 percent as a result of the social security offset. Prohibits any reduction in the annuity of a widow or widower of a person who performs periods of active service of less than 30 continuous days for which such person is entitled to receive a refund of social security taxes.
Permits an individual who has elected to participate in such Plan and who is suffering from a service-connected disability rated by the Veterans Administration (VA) as totally disabling for a specified period of time, to discontinue his or her participation by submitting a request to that effect to the appropriate Secretary. Directs the Secretary, upon receipt of such a request, to discontinue the reduction being made in the individual's retired or retainer pay on account of participation in the Plan.
Requires the individual electing to discontinue participation in the Plan to obtain the written consent of the beneficiaries involved.
Directs the Secretary to furnish each individual who files a request for discontinuing participation in the Plan a written statement of the advantages of participating in the Plan and the disadvantages of discontinuing participation. Allows the individual a specified time to withdraw the discontinuation request.
Permits reenrollment in the Plan if at any time subsequent to such discontinuation the VA reduces such person's service-connected disability rating to less than total and the individual makes application to the Secretary within the prescribed period. Directs the Secretary to resume reductions in such person's retired retainer pay upon receipt of such application.
Provides that any contributions made by a retiree prior to termination of coverage and upon the retiree's death shall be paid to his beneficiaries.
Increases the amount of the reduction required to be made in the retired or retainer pay of a member of an armed force providing for a survivor's annuity at the same time and by the same percent as such pay is increased to reflect changes in the Consumer Price Index.
Directs the appropriate Secretary to pay a Survivor Benefit Plan annuity to any widow of a person who was entitled to retired or retainer pay and who died before September 21, 1972. Declares that such annuity shall be based on the retired or retainer pay to which such person was entitled at the time of his or her death as adjusted to include all cost-of-living increases between such time and the effective date of this Act. Reduces such annuity by any amount payable under the Retired Serviceman's Family Protection Plan.
Prohibits an individual from receiving double annuities under a Survivor Benefit Plan based upon a subsequent remarriage.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 14 actions.
- Oct 9, 1980Became lawBecame law · Signed by President.
- PresidentPresident · Public Law 96-402.
- Oct 1, 1980PresidentPresident · Measure presented to President.
- PresidentPresident · Measure enrolled in Senate.
- PresidentPresident · Measure enrolled in House.
- Sep 29, 1980Resolving differencesResolving differences · Senate agreed to House amendment.
- Sep 22, 1980FloorFloor · Measure passed House, amended.
- FloorFloor · Measure called up under motion to suspend rules and pass in House.
- Sep 10, 1980CommitteeCommittee · Reported by House Armed Services Committee
- May 30, 1980CommitteeCommittee · Referred to House Armed Services Committee
- May 28, 1980FloorFloor · Measure passed Senate, amended.
- May 15, 1980CommitteeCommittee · Reported by Senate Armed Services Committee
- Jan 18, 1979CommitteeCommittee · Referred to Senate Armed Services Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.