Current status is Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

119th CONGRESS

1st Session

H. R. 1004

1. Short title
2. Modification of entitlement to veterans dependency and indemnity compensation for surviving spouses who remarry
3. Continued eligibility for Survivor Benefit Plan for certain surviving spouses who remarry
4. Expansion of definition of dependent under TRICARE program to include a remarried widow or widower whose subsequent marriage has ended

1. Short title

This Act may be cited as the "Love Lives On Act of 2025".

2. 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—

(1) - in paragraph (2)(B)—

(A) - by inserting "(i)" before "The remarriage";

(B) - in clause (i), as designated by subparagraph (A), by striking "Notwithstanding the previous sentence" and inserting the following:

(ii) - Notwithstanding clause (i)

(iii) - Notwithstanding clause (ii), the remarriage of a surviving spouse shall not bar the furnishing of benefits under section 1311 or 1562 of this title to the surviving spouse of a veteran.

(2) - in paragraph (5)—

(A) - by striking subparagraph (A); and

(B) - by renumbering subparagraphs (B) through (E) as subparagraphs (A) through (D), respectively.

3. Continued eligibility for Survivor Benefit Plan for certain surviving spouses who remarry

Section 1450(b)(2) of title 10, United States Code, is amended—

(1) In general - by striking "An annuity" and inserting the following:

(A) In general - (A) Subject to subparagraph (B), an annuity

(2) Treatment of survivors of members who die on active duty - by adding at the end the following new subparagraph:

(B) Treatment of survivors of members who die on active duty - 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 2025, 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 the first day of the first month beginning after such date of enactment, 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.

4. 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—

(1) - in subparagraph (H), by striking "; and" and inserting a semicolon;

(2) - in subparagraph (I)(v), by striking the period at the end and inserting "; and"; and

(3) - by adding at the end the following new subparagraph:

(J) - a remarried widow or widower whose subsequent marriage has ended due to death, divorce, or annulment.

119-HR1004