TREA Legislative Update for 8 October 2004

Since 10-16-04

From: Waspscpo@aol.com
Sent: Oct 13, 2004 11:24 PM
Subject: TREA Legislative Update, 8 October 2004

The Retired Enlisted Association (TREA) Legislative Affairs Office
909 N. Washington St, Suite 301 Alexandria, VA. 22314-1555 Phone: (703) 684-1981 Fax: (703) 548-4876 Email: treadmin@treadc.org 

Legislative Update for October 8, 2004


CONCURRENT RECEIPT, SBP REFORM APPROVED IN CONFERENCE

House and Senate Armed Services Committee conferees, meeting on H.R. 4200 -- the FY 2005 National Defense Authorization Act -- yesterday agreed to major improvements that will have a significant impact on military retirees and their survivors.

The conferees adopted the House version of Survivor Benefit Plan reform by authorizing an increase in the SBP annuity that will be phased in over 3 1/2 years and, by 2008, will eliminate the current offset of SBP benefits. The Senate version would have eliminated the offset over a
10-year period.

In addition, the report authorized immediate CRDP (concurrent receipt) for disabled retirees with a VA disability rating of 100%; thus eliminating the 10-year phase-in for those retirees.

Other major provisions of the conference report would provide reservists with greater access to TRICARE. For every 90 days of consecutive active duty service, a reservist could be eligible for a year of TRICARE while not on active duty. Also, conferees authorized a 3.5% across-the-board pay increase for all uniformed service personnel, and increases in active duty end-strength for the Army and Marine Corps.

Both the House and Senate are expected to vote on the report today. A complete summary of the conference report is available on the Senate Armed Services Committee website: http://armed-services.senate.gov/press.htm . Click on "Completion of Conference" for NDAA for FY 2005.

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TREA MEETS WITH HOUSE LEADERSHIP

Last week TREA Director Ray Belvin and Legislative Director Deirdre Parke Holleman, along with other VSO representatives, met with House Majority Whip Ray Blount (R-MO).They urged the passage of the House version of the end of the Survivor Benefit Program (SBP) and the Senate?s provision to grant immediate full concurrent receipt for 100% service connected disabled retirees. A far range of additional problems were discussed, including needed improvements in Guard and Reserve health care and improvements in the health, job and education programs for veterans returning from Iraq and Afghanistan. Ms. Holleman and other VSO representatives also discussed the same subjects with House Minority Whip Steny Hoyer (D-MD) this week. Both leaders assured us that they were supporting our issues.
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HOUSE PASSES BILLS TO PROTECT GUARD/RESERVE MEMBERS

The House voted yesterday to pass legislation that would increase protections for Guard and Reserve members called to active duty.

H.R. 4658, sponsored by Rep. Chris Smith (R-NJ), Chairman of the House Veterans Affairs Committee, would fortify protection against lease terminations for dependents of Reserve Component members who are called to active duty. The current law (PL 108-189) exempts the service member from liability, but not spouses. Another provision would increase the period in which reservists are covered by the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA), from 18 to 24 months.

The House also passed H.R. 4248, also sponsored by Mr. Smith that would increase benefits for homeless veterans. The bill also makes permanent a counseling program for veterans who were victims of sexual trauma during military service.
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LEGISLATION OF INTEREST:

S. 50 (Tim Johnson, D-SD) Veterans Health Care Funding Guarantee Act of  2003: To amend title 38, United States Code, to provide for a guaranteed adequate level of funding for veterans health care. There are currently 29 co-sponsors.

S. 1000 (Graham, R-SC), National Guard and Reserves Reform Act for the 21st Century: To amend title 10, United States Code, to revise the age and service requirements for eligibility to receive retired pay for non-regular service; to provide TRICARE eligibility for members of the Selected Reserve of the Ready Reserve and their families; to amend the Internal Revenue Code of 1986 to allow employers a credit against income tax with respect to employees who  participate in the military reserve components and to allow a comparable credit for participating reserve component self-employed individuals. There are currently 14 co-sponsors

H.R. 742, to amend title 10, United States Code, to reduce the age for receipt of military retired pay for non-regular service (Reserve Components) from 60 to 55. Introduced by Rep. Jim Saxton (R-NJ) on 2/12/03. There are currently 191 co-sponsors. A companion bill, S. 1035 was introduced in the Senate by Jon Corzine (D-NJ). This bill has 11 co-sponsors.

H.R. 1111 (Cass Ballenger, R-NC) Uniformed Services Divorce Equity Act of 2003: To amend title 10, United States Code, to revise the rules relating to the court-ordered apportionment of the retired pay of members of the uniformed services to former spouses. There are currently 22 co-sponsors.

H.R. 1653 (Jim Saxton, R-NJ) to amend title 10, United States Code, to change the effective date for paid-up coverage under the military Survivor Benefit Plan from October 1, 2008, to October 1, 2003. Currently there are 52 co-sponsors. A companion bill, S 2177 was introduced by Sen. Jon Corzine (D-NJ) on 3/9/04. There are currently no co-sponsors.

H.R. 1726 (Henry Brown, R-SC) Military Surviving Spouses Equity Act ,to amend title 10, United States Code, to repeal the offset from surviving spouse annuities under the military Survivor Benefit Plan for amounts paid by the Secretary of Veterans Affairs as dependency and indemnity compensation. There are 54 co-sponsors.

H.R. 1779 (Beauprez, R-CO), Guardsmen and Reservists Financial Relief Act of 2004. This bill would allow penalty-free withdrawals from retirement plans during the period that a military reservist or national guardsman is called to active duty for an extended period. There are 34 co-sponsors. A companion bill, S 2375, was introduced by Sen. Orrin Hatch (R-UT) on 5/3/04.

H.R. 3474 (Van Hollen, D-MD) Keep Our Promises to America?s Military Retirees Act, to restore health care coverage to retired members of the uniformed services. There are 256 co-sponsors.

H.R. 4065 (Brown-Waite, R-FL) Veterans Housing Affordability Act of 2004; To amend title 38, United States Code, to increase the maximum amount of home loan guaranty available to a veteran, and to provide for annual adjustments to such amount. There are 16 co-sponsors.

H.R. 4188 (LoBiondo, R-NJ) To amend chapter 1606 of title 10, United States Code, to increase the amount of basic educational assistance for members of the Selected Reserve. The bill would bring G.I. bill benefits for the Selected Reserve up to 50% of the active duty entitlement. There are 14 co-sponsors. A companion bill, S.2184, was introduced by Sen. Jim Bunning (R-KY).

H.R. 4477 (McGovern, D-MA) Introduced on 6-2-04, to amend the Uniformed Services Employment and Reemployment Rights Act of 1994. This bill would require employers to publicly post a notice of the rights and duties that apply under this act.

H.R. 4637 ( Weller, R-IL) the Combat Military Medically Retired Veteran's Fairness Act of 2004. This bill would provide for the payment of Combat-Related Special Compensation under that title to members of the Armed Forces retired for disability with less than 20 years of active military service who were awarded the Purple Heart. Introduced on June 22, 2004 and referred to House Committee on Armed Services.

H.R. 4711 (Snyder, D-AR). The Fairness in Veterans Education Act (FIVE) of 2004. A bill to eliminate the $1200 Active duty Montgomery G.I. Bill enrollment fee. There are 39 co-sponsors.

H.R. 5081 (Beauprez, R-CO). Introduced 9/15/04, to amend 10 USC to provide for a new program of educational assistance for certain reserve component members of the Armed Forces who perform active service.
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Contributed, YNCS Don Harribine, USN(Ret)