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gress to assist families with permanently disabled dependents. This legal exclusion disadvantages military retirees and their disabled child survivors. Military retirees should have equal access to the law that all other Americans can access.
USFSPA equity Reform the unfair provisions of the Uni- formed Services Former Spouse Protection Act (USFSPA). Divisible retired pay should be based on a servicemember’s grade and years of service at the time of the divorce rather than at the time of the servicemem- ber’s retirement from service. State courts should be barred from requiring payments to start before a servicemember retires from active duty and barred from dividing VA disability compensation, which is the exclu- sive property of the servicemember. DoD has supported these and certain additional modifications of USFSPA requirements. MOAA continues to seek congressional sponsors and hearings for legislation to re- form unfair USFSPA provisions.
Permanent ID card reform Seek to lower the age of eligibility (cur- rently 75) for permanent ID cards for military spouses and survivors and to end the requirement for exhaustive financial support documentation every four years in the case of permanently disabled depen- dents. The latter requirement increases the risk of ID card expiration and termination of TRICARE coverage — the very circum- stance permanent ID cards were intended to prevent. That’s unfair for permanently incapacitated children and aging sponsors whose capacity to comply with DoD admin- istrative requirements is diminished.
Final retired pay for survivors Support legislation that authorizes pay- ment of a full month’s retired pay for the month of a servicemember’s death. Under
current law, a prorated portion is sum- marily recouped from the survivor. MOAA believes it’s wrong to impose such unex- pected and insensitive financial penalties on survivors at what is already a traumatic time in their lives.
DIC continuation Seek authority to lower the age at which survivors in receipt of DIC retain this benefit upon remarriage from age 57 to 55. Continuation of benefits on remarriage at age 55 is authorized for all other federal survivor programs, including SBP. DIC widows deserve equal treatment.
TRICARE eligibility continuation Seek authority to restore TRICARE cov- erage to remarried SBP annuitants if the remarriage subsequently ends in death or divorce, just as the VA already restores CHAMPVA for survivors in similar cir- cumstances whose original spouses died of service-connected causes.
Active and Reserve Force Issues
Operations and manpower Sustain military manpower levels needed to match service missions; ease deployment rates; and improve quality of life, retention, and readiness. Current operating tempos are far more severe than ever envisioned by the architects of the all-volunteer force. Adequate manpower levels and associated resources for recruiting, retention, training, and family support are essential.
Guard and Reserve retirement MOAA supports crediting all activated service toward early Guard/Reserve re- tirement. Under current law, only acti- vated service after Jan. 28, 2008, receives
JANUARY 2012 MILITARY OFFICER 45
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