NDAA Conference Report Includes Increased Death Gratuity for All

NDAA Conference Report Includes Increased Death Gratuity for All

Since 12-21-05

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Subject: NDAA Conference Report Includes Increased Death Gratuity for All

From the National Military Family Association Government and You News

NDAA Conference Report Includes Increased Death Gratuity for All

On December 16, House and Senate negotiators finally reached agreement on the $441.5 billion FY 2006 National Defense Authorization Act (NDAA). The House approved the Conference Report over the weekend. The Senate is expected to vote this week, thus preparing the bill for the President’s signature by the end of the year.

The Conference Report for the bill contains several provisions for which NMFA has advocated, including a decision, which would apply retroactively, to provide a $100,000 death gratuity to survivors of all servicemembers who die on active duty, not just those who die in combat or combat-related training. The new eligibility would be retroactive to October 7, 2001, with back payments due to families who received as little as $12,000.

Earlier this year, Congress endorsed a Pentagon proposal to pay more for combat deaths than noncombat deaths. NMFA and other military associations, as well as uniformed military leaders, had argued against this two-tier death gratuity, stating that all active duty deaths must be treated equally. Senator Carl Levin (D-MI) then introduced an amendment to the NDAA to increase the death gratuity for all active duty deaths.

This amendment was included in the final Conference Report. NMFA thanks Senator Levin and all Congressional supporters of this needed change. Conferees also extended eligibility to TRICARE Standard on a premium basis to any drilling member of the National Guard or Reserve who agrees to continue in uniform, not just to those who have been mobilized in support of a contingency operation.

Premiums will differ, depending on the status of the Guard or Reserve member and their access to other health insurance. The legislation creates three categories of beneficiaries in TRICARE Reserve Select:

a category for those who deploy for a contingency operation and are entitled to participate at a cost share of 28/72 (those currently eligible for TRICARE Reserve Select);
a new category for those who are unemployed or are not offered employer sponsored health care, who will now be eligible to buy into TRICARE at a cost share of 50/50;
and another new category for all others who may participate in TRICARE Standard at a cost share of 15/85.

The expansion of TRICARE to Selected Reserve members has been another priority of NMFA and the organizations of The Military Coalition. We will be monitoring the implementation of this expanded benefit closely.

Other provisions included in the Conference Report would:

Extend the time surviving children of servicemembers who die on active duty are treated as active duty family members for TRICARE Prime and access to care in military hospitals from the current three years to until they age out of their eligibility.

Make permanent the one-year period in which survivors may continue to occupy government quarters or receive Basic Allowance for Housing.

Provide $30 million in supplemental educational aid to civilian school districts affected by the assignment or location of military families, including $5 million for educational services to severely disabled children, and an additional $10 million for districts experiencing a change in the number of students due to rebasing, activation of new military units or base realignment and closure.

Provide $50 million for additional child care services and $10 million for family assistance--$20 million of the total will go to the Guard and Reserve.

Establish comprehensive DoD policies to improve assistance to survivors of military personnel killed on active duty and to families of seriously injured or wounded servicemembers.

Establish a DoD Mental Health Task Force to review the DoD policy for early identification and treatment of mental health problems, particularly those resulting from combat.

Authorize up to 21 days leave for servicemembers in connection with the adoption of a child.

Authorize DoD to cover the monthly Servicemembers Group life Insurance (SGLI) premium for the first $150,000 in coverage for all individuals serving in a combat zone.

Direct DoD to provide comprehensive education and counseling to servicemembers and spouses about financial services and insurance options.

Provide $18 million for the diagnosis and care of servicemembers with traumatic brain injury.

Provide income replacement pay of up to $3,000 for reservists mobilized for 18 months or longer who make less money on active duty than as civilians.

Allow Guard and Reserve members mobilized for more than 30 days to receive full Basic Allowance for Housing, which means an average increase of $400 a month.

Extend more than 20 pays and bonuses that are due to expire December 31.

Provide a $2,500 bonus to servicemembers transferring from one Service to another.

Authorize payment of matching fund contributions of up to 5 percent of basic pay for first term enlistees who participate in the federal Thrift Savings Plan.

Increase the maximum payment possible for assignment incentive pay and hardship duty pay.

Provide an additional $50 billion in war-related supplemental spending.

Increase Army active-duty end strength by 10,000 and Marine end strength by 1,000.

Provide a new $430 monthly payment to servicemembers who incur wounds, injuries, or illnesses incurred in a combat zone or in a combat operation for the entire time spent recovering in a military hospital.

Authorize an earlier phase-in of full concurrent receipt of military retired pay and veterans’ disability compensation for military retirees who are rated 100-percent disabled by the Department of Veterans Affairs for non-combat injuries and have unemployability as a factor in their rating. Current law would have made them wait until 2014 to receive full payment of both.

Direct the use of appropriated funds to ship goods to military exchanges overseas, thus ensuring shipping costs are not passed along to beneficiaries.

NMFA was disappointed to learn that the Senate amendment introduced by Senator Bill Nelson (D-FL), which would have ended the Dependency and Indemnity Compensation offset of Survivor Benefit Plan payments to survivors, did not make it into the Conference Report.

We believe ending this offset is critical to the future financial stability of military surviving spouses. We will continue to work to end this offset.The above information on the provisions included in the Conference Report has been obtained from press reports, Committee summaries, and news releases from individual Congressional Members.

We will have more details on these provisions after we have reviewed the Conference Report. Final approval of the bill, which has been held up since July, became possible after the President decided to embrace a proposal by Sen. John McCain (R-AZ), clarifying U.S. policy on treatment of detainees in the war on terrorism so that inhumane treatment, abuse and humiliation are barred.

The White House had threatened to veto the defense bill over McCain’s provision, but overwhelming votes of support for the measure in both the House and Senate led administration officials to drop objections. To view a summary of the Conference Report prepared by the Senate Armed Services Committee, go to: http://www.armed-services.senate.gov/press/conf06press.pdf.

VA Spared Cuts in Budget Reduction Measure: On December 19, the House of Representatives approved the Conference Report for the FY 2006 Defense Appropriations Act. In addition to providing funding for the Defense Department, the legislation includes budget reduction provisions needed to provide funding for hurricane relief.

The bill calls for a 1 percent across-the-board decrease in all government discretionary spending, with the exception of veterans’ programs and anything deemed an emergency. The DoD share of this cut will be $4 billion. The Senate is expected to pass both the NDAA and the Defense Appropriations bill later this week. For information on the final Defense Appropriations act, go to: http://appropriations.house.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=532.

Any man or woman who may be asked in this century what they did to make life worthwhile in their lifetime....can respond with a great deal of pride and satisfaction, "I served a career in the United States Navy."