washington scene
USFSPA equity
Reform the unfair provisions of the Uniformed Services Former Spouse Protection Act (USFSPA). Divisible retired pay should be based on the member’s grade and years of service at the time of the divorce rather than at the time of the member’s retirement from service. State courts should be barred from requiring payments to start before the member actually retires from active duty and from dividing VA disability compensation, which is the exclusive 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 reform unfair USFSPA provisions.
Permanent ID card reform
MOAA will seek to lower the eligibility age for permanent ID cards for military spouses and survivors (currently age 75).
Final retired pay for survivors
Support legislation that authorizes payment of a full month’s retired pay for the month of the servicemember’s death. Under current law, a prorated portion is summarily recouped from the survivor. MOAA believes it’s wrong to impose such unexpected and insensitive financial penalties on survivors at what is already a traumatic time of their lives.
DIC continuation
Seek authority to lower the age at which survivors in receipt of DIC retain this benefit upon remarriage from 57 to 55. Continuation of benefits on remarriage at age 55 is authorized for all other federal survivor programs, including SBP. DIC survivors deserve equal treatment.
TRICARE eligibility continuation
Seek authority to restore TRICARE coverage to remarried SBP annuitants if their remarriage subsequently ends in death or divorce, just as the VA already restores Civilian Health and Medical Program of the Department of Veterans Affairs for survivors in similar circumstances 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 easing, but sequestration-driven decisions could cut end strength too deeply to meet our national security interests. 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 retirement. Under current law, only activated service after Jan. 28, 2008, receives credit, denying eligibility to hundreds of thousands who served one or more combat tours between 2001 and 2008. Further, MOAA supports elimination of the current rule that bars credit for 90-day periods that span more than one fiscal year.
Guard and Reserve families cannot be burdened indefinitely with irreconcilable trade-offs between civilian employment, personal retirement planning, and family obligations absent fundamental reform of the 1940s reserve retirement system that was based on activations as an exception vice the norm in the 21st century. Operational Reserve policy requires reservists to serve one of every five years on active duty, though many already have served multiple combat tours equal to active force deployment cycles.
JANUARY 2014 MILITARY OFFICER 47
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