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MOAA believes such proposals are inconsistent with sustaining long-term retention and readiness during periods of peace and war.


COLA commitments
Inflation-protected COLAs are an essential part of the nation’s commitment to protect earned compensation value for military retirees and survivors and other federal annuitants over the course of many years. Proposals to cap annual COLAs below inflation or to redefine and depress the Consumer Price Index for the purpose of geometrically depressing successive annual adjustments would abrogate long-standing statutory commitments. MOAA will exert every effort to preserve the congressional intent, as expressed in the House Armed Services Committee Print of Title 37, U.S. Code, “to provide every military retired member the same purchasing power of the retired pay to which he was entitled at the time of retirement [and ensure it is] not, at any time in the future ... eroded by subsequent increases in consumer prices.”


Disability retirement reform
Military disability retirement decisions should include all disqualifying conditions and accept VA-assigned disability ratings for those conditions. MOAA believes strongly if a combat-related condition forces a member from service, the member should receive a disability retirement, not a separation. MOAA is pleased Congress authorized a review board to reassess under updated rules the cases of previously separated members whose service-caused conditions might warrant upgrade to disability retired status.


Concurrent receipt
MOAA strongly supports a plan to phase out the disability offset to retired pay for all disability retired (Chapter 61) servicemembers, with initial priority for those who were prevented from serving 20 years solely because they became severely disabled in service. MOAA will work with Congress, DoD, and the administration to advance this proposal as a further important step toward the goal of ending the offset for all disabled retirees.


Eliminate SBP/DIC offset
MOAA will continue to fight for full repeal of the deduction of VA Dependency and Indemnity Compensation (DIC) from Survivor Benefit Plan (SBP) annuities for survivors of members who died of service-connected causes. MOAA believes when military service caused a servicemember’s death, DIC should be paid in addition to SBP rather than being subtracted from it. To the extent funding cannot be obtained for immediate, full repeal, MOAA will seek interim steps to substantially and progressively upgrade compensation for these most-deserving survivors.


SBP and special needs trusts
Current law precludes the payment of SBP annuities to special needs trusts, which Congress established to assist families with permanently disabled dependents. The 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.


46 MILITARY OFFICER JANUARY 2014

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