HR3651-118

1. Short title This Act may be cited as the Love Lives On Act of 2023.

2. Removal of expiration on entitlement to Marine Gunnery Sergeant John David Fry Scholarship for surviving spouses Section 3311(f) of title 38, United States Code, is amended— by striking paragraph (2); by redesignating paragraphs (3) through (5) as paragraphs (2) through (4), respectively; in paragraph (2), as redesignated by paragraph (2) of this section, by striking in paragraph (4) and inserting in paragraph (3); and in paragraph (3)(A), as redesignated by paragraph (2) of this section, by striking under paragraph (3) and inserting under paragraph (2).

3. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry Section 103(d) of title 38, United States Code, is amended— in paragraph (2)(B)— by inserting (i) before The remarriage; in clause (i), as designated by subparagraph (A), by striking Notwithstanding the previous sentence and inserting the following: Notwithstanding clause (i) by adding at the end the following new clause: Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran. in paragraph (5)— by striking subparagraph (A); and by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively. Beginning on the first day of the first month after the date of the enactment of this Act, the Secretary shall resume payment of dependency and indemnity compensation under section 1311 of such title to each living individual who— is the surviving spouse of a veteran; and remarried before— reaching age 55; and the date of the enactment of this Act. (ii)Notwithstanding clause (i); and (iii)Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 of this title to the surviving spouse of a veteran.; and

4. Continued eligibility for survivor benefit plan for certain surviving spouses who remarry Section 1450(b)(2) of title 10, United States Code, is amended— by striking An annuity and inserting the following: (A) Subject to subparagraph (B), an annuity by adding at the end the following new subparagraph: The Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2023, the Secretary shall resume payment of the annuity to that surviving spouse— except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019. (A)In general(A) Subject to subparagraph (B), an annuity; and (B)Treatment of survivors of members who die on active dutyThe Secretary may not terminate payment of an annuity for a surviving spouse described in subparagraph (A) or (B) of section 1448(d)(1) solely because that surviving spouse remarries. In the case of a surviving spouse who remarried before reaching age 55 and before the date of the enactment of Love Lives On Act of 2023, the Secretary shall resume payment of the annuity to that surviving spouse—(i)except as provided by clause (ii), for each month that begins on or after the date that is one year after such date of enactment; or(ii)on January 1, 2023, in the case of a surviving spouse who elected to transfer payment of that annuity to a surviving child or children under the provisions of section 1448(d)(2)(B) of title 10, United States Code, as in effect on December 31, 2019..

5. Access to commissary and exchange privileges for remarried spouses Section 1062 of title 10, United States Code, is amended— by striking The Secretary of Defense and inserting the following: The Secretary of Defense by striking commissary and exchange privileges and inserting use commissary stores and MWR retail facilities; by adding at the end the following new subsection: The Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services. by adding at the end the following new subsection: In this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title. The heading of section 1062 of title 10, United States Code, is amended to read as follows: The table of sections at the beginning of chapter 54 of title 10, United States Code, is amended by striking the item relating to section 1062 and inserting the following new item: (a)Certain unremarried former spousesThe Secretary of Defense; (b)Certain remarried surviving spousesThe Secretary of Defense shall prescribe such regulations as may be necessary to provide that a surviving spouse of a deceased member of the armed forces, regardless of the marital status of the surviving spouse, is entitled to use commissary stores and MWR retail facilities to the same extent and on the same basis as an unremarried surviving spouse of a member of the uniformed services.; and (c)MWR retail facilities definedIn this section, the term MWR retail facilities has the meaning given that term in section 1063(e) of this title.. 1062.Certain former spouses and surviving spouses. 1062. Certain former spouses and surviving spouses..

1062. Certain former spouses and surviving spouses

6. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended Section 1072(2) of title 10, United States Code, is amended— in subparagraph (H), by striking ; and and inserting a semicolon; in subparagraph (I)(v), by striking the period at the end and inserting ; and; and by adding at the end the following new subparagraph: a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment. (J)a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment..

7. Definition of surviving spouse for purposes of veterans benefits Paragraph (3) of section 101 of title 38, United States Code, is amended to read as follows: The term surviving spouse means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. (3)The term surviving spouse means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran's death, and who lived with the veteran continuously from the date of marriage to the date of the veteran's death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried. .