Since 08-06-04
This is MOAA's LEGISLATIVE UPDATE for Friday, August 6, 2004
Since 08-06-04
Issue 1 Veterans Benefits Bills Advance.
Just prior to the summer recess, the House and Senate Veterans Affairs
Committees endorsed legislation to adjust the COLA for veterans' disability
payments, expand GI Bill education benefits, and strengthen financial and legal
protections for mobilized Guard and Reserve members and their families.
Issue 2 Member Action Needed for Final Defense Bill Push.
During the August recess, please visit your Congressman to push for MOAA's most
important Defense Bill issues. If you can't find the time to visit, use our
Action Alerts to make your voice heard.
Issue 1 Veterans Benefits Bills Advance.
On July 22, the House Veterans Affairs Committee (HVAC) favorably reported a
number of veterans' benefits bills. The Committee approved a cost-of-living
adjustment (COLA) for veterans receiving VA disability compensation, as well as
to surviving spouses and dependents of disabled veterans who receive monthly
Dependency and Indemnity Compensation (DIC). The COLA is tied to any adjustment
to Social Security benefits and is projected to be in the range of 3.4%. The VA
COLA will take effect on December 1 and be reflected in January 2005 checks.
The HVAC also endorsed a bill (strongly supported by MOAA) that would strengthen
reemployment rights as well as financial and legal protections for mobilized
reservists and National Guard members and their families. The "Servicemembers
and Veterans Legal Protection Act of 2004" (H.R. 4658) includes provisions to:
Clarify that dependents as well as servicemembers are covered by the residential
and motor vehicle lease termination protections on joint leases under the
Servicemembers Civil Relief Act (SCRA);
Prohibit double taxation of servicemembers when the laws of a tax jurisdiction
do not provide credit against certain taxes the servicemember previously paid in
another jurisdiction;
Increase from 18 to 24 months the maximum period of employer-provided health
coverage that an employee may elect to continue under the Uniformed Services
Employment and Reemployment Rights Act (USERRA);
Require employers to provide notice to employees of their rights and obligations
under USERRA; and
Reinstate a requirement for the Labor Department to report annually to Congress
on the disposition of cases filed under USERRA. MOAA testified before the HVAC
on these issues on June 23; the testimony is available at: www.moaa.org/Legislative/Testimony/Default.asp.
The Senate Veterans Affairs Committee was also busy in July before Congress
recessed for the month of August. The Committee endorsed an omnibus veterans'
benefits bill (S.2486) that would enhance education and other benefits for
veterans and surviving spouses. S.2486 includes provisions to:
Permit mobilized reservists who serve an aggregate 24 months active duty within
a five year period (since Sept. 11, 2001) to become eligible for the active duty
Montgomery GI Bill (MGIB);
Open MGIB benefits to pay for admission exams and college credit exams;
Extend the usage period for surviving spouses' educational assistance benefits
if the servicemember died on active duty from 10 to 20 years after the member's
death (MOAA supports extending or eliminating the usage period for all MGIB
programs); and
Raise home VA home loan guaranty rates and authorize the use of Adjustable Rate
Mortgages (ARM) for VA home loans. These and related veterans' benefits
legislation will come before the full House and Senate for consideration when
Congress returns to work after Labor Day. With the nation at war, we expect
final action on many of these legislative initiatives before the 108th Congress
adjourns.
Issue 2 Member Action Needed for Final Defense Bill Push.
The House and Senate have only a few more weeks left in their annual August
recess. This means that most lawmakers should be out and about in your area
through Labor Day weekend. During this time, they will be making personal
appearances, hosting town meetings, and appearing on call-in shows to interact
with constituents in the home state/district. If possible, please try to contact
them at these events, or make a visit to their district offices in support of
MOAA's critical Defense bill issues.
Our top issue continues to be ending the SBP Widows Tax. Ask your Congressman or
Senator to back the Survivor Benefit Plan (SBP) proposal in the House version of
the 2005 National Defense Authorization Act. This is particularly important if
your legislator is a member of either the House or Senate Armed Services
committees, as conferees from the HASC and SASC will be meeting shortly after
their return to Washington to hammer out the final version of the Defense bill.
The House version would phase out the age-62 benefit cut in 3.5 years, and offer
a fair shake to those retirees who wish to newly enroll in the program or
increase their election. The Senate bill, by contrast, would take ten years to
end the offset, and would put in place extremely burdensome barriers to new or
increased coverage.
Please also urge your Representatives and Senators to push for inclusion of Sen.
Reid's concurrent receipt amendment. This measure would eliminate the phase-in
period from the concurrent receipt benefit for 100% disabled retirees, allowing
them to collect their full retired pay along with their full VA compensation
beginning in 2005. Our contacts on Capitol Hill feel this proposal stands a good
chance; however, it does not have a companion measure in the House bill, so a
strong show of support is needed to secure final passage.
Other key issues to address with your legislator include National Guard and
Reserve healthcare, permanent ID cards for spouses and survivors over age 70,
and increased Army and Marine Corps end-strength. If you are unable to make
personal contact with the members of your Congressional delegation, you can
continue show your support by sending legislative alerts on SBP, concurrent
receipt, and National Guard and Reserve healthcare from our website at http://capwiz.com/moaa/home/.
-------------------------------------------------------------
Contributed,
YNCS Don Harribine, USN(Ret)