washingtonscene
Health care
… and lay a foundation for real physician who are eligible for both Social Security and
Happenings
payment reform.” Va disability compensation would receive
ryan signed Moaa letters to every a separate $250 check from each of those
n Check out MOAA’s
Health Care Happenings
senator oct. 20, urging them to vote for agencies but won’t get to keep the full $500.
blog at
ww.moaa.org/
S. 1776, but the vote failed after several they would have to pay back the extra $250
healthcarehappenings to senators expressed concern about how to when they file their tax returns the follow-
stay updated on the latest
pay for the bill, which would cost $250 ing spring, just as people who received both
news regarding military
billion over the next 10 years. payments in 2009 will have to pay back
and VA health care issues.
after the failed vote, Senate leaders $250 when they file their 2009 tax return.
pledged to find a way to approve at least a
one-year fix before the end of December to
ensure the 21-percent cut in Medicare and Widows Win
tricare payments won’t happen.
Unfortunately, failure to make a longer- SbP Lawsuit
term fix now means the cost of a fix next
Some will be owed refunds.
year will only increase, as current law man-
dates a 26-percent cut in January 2011.
$250 Stimulus d
od announced oct. 22 it will not
appeal the august 2009 ruling of
the U.S. court of appeals in the
renewed
case of three widows who sued the gov-
ernment to keep both their Va survivor
Payment is not a cola
benefits and their military Survivor Benefit
Plan (SBP) annuities. at issue is a 2004 law
substitute.
that restored Dependency and indemnity
compensation (Dic) payments to veterans’
I
n October, President obama called for surviving spouses who remarry after their
legislation to renew for 2010 the $250 57th birthday. Before the law change, survi-
economic stimulus payment Social Secu- vors lost Dic upon remarriage at any age.
rity annuitants and Va disability compen- in July 2007, three widows filed a law-
sation recipients received earlier this year. suit claiming the unique wording of the
White House officials said the $250 2004 law entitled widows who remarry
payment is not a “substitute cola.” they after age 57 to receive both SBP annuities
pointed out several provisions of the 2009 from DoD and Dic payments from the
stimulus package covered two years and Va without any offset between the two.
said it was appropriate to renew this pro- DoD lawyers argued it was a flawed in-
vision for another year, recognizing that terpretation, saying the 2004 law’s language
many seniors and disabled people still were barring offset for any other “veteran’s ben-
struggling with the effects of large retire- efit” didn’t apply to SBP, because SBP is a
ment savings losses. DoD benefit, not a Va benefit. after the U.S.
officials said it would take three or four court of federal claims ruled in favor of the
months to issue the $250 checks once con- widows, the government filed an appeal.
gress clears and the president signs the leg- But the U.S. court of appeals rejected
islation. assuming congress acts before the the government’s appeal, and the Penta-
end of the year, eligibles could see the $250 gon’s decision not to appeal the case to the
checks in april or May 2010. U.S. Supreme court ends the discussion.
officials stressed that the eligibility DoD has issued guidance to the services
would be for one $250 payment. People and the Defense finance and accounting
36 Military officer december 2009
Dec_Scene.indd 36 11/4/09 2:44 PM
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