<DOC>
[109 Senate Hearings]
[From the U.S. Government Printing Office via GPO Access]
[DOCID: f:20729.wais]
S. Hrg. 109-32
BENEFITS FOR SURVIVORS: IS AMERICA
FULFILLING LINCOLN'S CHARGE TO CARE
FOR THE FAMILIES OF THOSE KILLED
IN THE LINE OF DUTY?
=======================================================================
HEARING
BEFORE THE
COMMITTEE ON VETERANS' AFFAIRS
UNITED STATES SENATE
ONE HUNDRED NINTH CONGRESS
FIRST SESSION
__________
FEBRUARY 3, 2005
__________
Printed for the use of the Committee on Veterans' Affairs
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COMMITTEE ON VETERANS' AFFAIRS
.........................................................
Larry E. Craig, Idaho, Chairman
Arlen Specter, Pennsylvania Daniel K. Akaka, Hawaii, Ranking
Kay Bailey Hutchison, Texas Member
Lindsey O. Graham, South Carolina John D. Rockefeller IV, West
Richard Burr, North Carolina Virginia
John Ensign, Nevada James M. Jeffords, (I), Vermont
John Thune, South Dakota Patty Murray, Washington
Johnny Isakson, Georgia Barack Obama, Illinois
Ken Salazar, Colorado
Lupe Wissel, Majority Staff Director
D. Noelani Kalipi, Minority Staff Director
C O N T E N T S
----------
February 3, 2005
SENATORS
Page
Craig, Hon. Larry E., U.S. Senator from Idaho.................... 1
Graham, Hon. Lindsey O., U.S. Senator from South Carolina........ 2
Murray, Hon. Patty, U.S. Senator from Washington................. 3
Akaka, Hon. Daniel K., U.S. Senator from Hawaii.................. 4
Nelson, Hon. Bill, U.S. Senator from Florida, prepared statement. 5
Burr, Hon. Richard, U.S. Senator from North Carolina............. 6
Obama, Hon. Barak, U.S. Senator from Illinois.................... 7
Thune, Hon. John, U.S. Senator from South Dakota................. 21
Salazar, Hon. Ken, U.S. Senator from Colorado.................... 52
Prepared statement........................................... 53
WITNESSES
Petty, Tiffany, surviving spouse................................. 8
Prepared statement........................................... 9
McCollum, Jennifer, surviving spouse............................. 12
Prepared statement........................................... 15
Carroll, Bonnie, Chairman, The Tragedy Assistance Program for
Survivors...................................................... 21
Prepared statement........................................... 24
Stein, Ben, Honorary Board Member, TAPS, prepared statement.. 23
Smith, Edith G., Member, Legislative Committee, Gold Star Wives
of
America........................................................ 26
Prepared statement........................................... 28
Moakler, Kathleen B., Deputy Director, Government Relations,
National
Military Family Association.................................... 33
Prepared statement........................................... 34
Cooper, Hon. Daniel L., Under Secretary for Benefits, Veterans'
Benefits Administration, Department of Veterans Affairs;
accompanied by Robert J. Epley, Associate Deputy Under
Secretary for Policy and Program
Management, and Thomas M. Lastowka, Director, VA Regional
Office and Insurance Center.................................... 58
Prepared statement........................................... 60
Response to written questions submitted by:
Hon. Larry E. Craig.......................................... 63
Hon. Daniel K. Akaka......................................... 65
Hon. John Thune.............................................. 66
Hon. Richard Burr............................................ 68
Ward, Mark L., Senior Policy Advisor, Casualty, Mortuary and
Military
Funeral Honors, Office of the Deputy Under Secretary of
Defense,
Department of Defense.......................................... 68
Response to written questions submitted by:
Hon. Larry E. Craig.......................................... 71
Hon. Daniel K. Akaka......................................... 71
Hon. Richard Burr............................................ 74
Abell, Hon. Charles S., Principal Deputy Under Secretary of
Defense,
Department of Defense, prepared statement...................... 75
Streckewald, Frederick G., Assistant Deputy Commissioner for
Program
Policy, Social Security Administration......................... 79
Prepared statement........................................... 81
Tower, Thomas R., Assistant Director of Compensation, Office of
the Deputy Under Secretary of Defense, Department of Defense... 85
Response to written questions submitted by:
Hon. Larry E. Craig.......................................... 86
Hon. Daniel K. Akaka......................................... 86
Hon. John Thune.............................................. 87
BENEFITS FOR SURVIVORS: IS AMERICA
FULFILLING LINCOLN'S CHARGE TO CARE FOR THE FAMILIES OF THOSE KILLED IN
THE LINE OF DUTY?
----------
THURSDAY, FEBRUARY 3, 2005
United States Senate,
Committee on Veterans' Affairs,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m. in
room 418, Russell Senate Office Building, Hon. Larry E. Craig,
Chairman of the Committee, presiding.
Present: Senators Craig, Graham, Burr, Thune, Isakson,
Akaka, Murray, Obama, and Salazar.
OPENING STATEMENT OF HON. LARRY E. CRAIG,
U.S. SENATOR FROM IDAHO
Chairman Craig. Good morning, everyone. Welcome to the
Veterans' Affairs Committee's first oversight hearing of the
109th Congress.
There are few issues more important than what is on our
agenda today. The title of the hearing, ``Benefits for
Survivors: Is America Fulfilling Lincoln's Charge to Care for
the Families of Those Who Were Killed in the Line of Duty?'' I
think presents the question that gets to the heart of why the
Department of Veterans Affairs exists and indeed why this
Committee exists.
During his 1865 inaugural address, President Lincoln spoke
of the need to care for ``him who shall have borne the battle
and for his widow and his orphan.'' Those words today and
forever reflect the conscience of our Nation. They remind us of
a commitment we all have to those who have given, also in
Lincoln's words, ``the last true measure of devotion for their
country.''
So we are gathered here this morning to renew that
commitment. There are many in this hearing room who are
survivors of those who have made the ultimate sacrifice in
defense of our freedom, so I would like to ask those who are
survivors if you might stand so we could recognize you all.
Thank you.
[Applause.]
Chairman Craig. Thank you. Thank you very much for doing
that.
Let me also recognize that my colleague and Ranking Member,
Senator Danny Akaka will be here in a few moments to join me as
the hearing progresses.
In the past few months, I have heard the media question the
adequacy of benefits provided to survivors of those killed in
the line of duty. They have focused in large part on just one
benefit, the $12,420 death gratuity paid by the Department of
Defense. As Chairman of this Committee, I have resolved to
explore the full range of survivor benefits so that a truer,
more comprehensive view of the adequacy of those benefits can
be taken.
The chart behind me is an attempt to capture the benefits
provided to survivors based on two very real present-day
examples. The chart shows the benefits provided to the spouse
and two dependent children of a fallen enlisted servicemember
and a fallen officer. As you can see, there are at least 13
different benefits provided by three Federal agencies, VA, the
Department of Defense, and the Social Security Administration.
The chart is colored green where benefits are provided by VA,
red where provided by DoD, and yellow where provided by Social
Security.
By any standard, understanding these benefits can be
overwhelming, especially for a grieving spouse. What this chart
does not show is the complexity of navigating the system to
access these benefits. A number of survivors have written to me
describing the poor quality of service they received after
their spouse died. One letter came to me from Lisa Vance, widow
of Gene Vance, who was killed in Afghanistan almost 3 years
ago. Mrs. Vance told me of the day her Casualty Assistance
Officer brought to her an Army manual explaining her benefits.
Shockingly, the manual had not been updated since 1989. Yet
many important changes have been made since that time that this
spouse was eligible for.
I have heard from other survivors who have several similar
stories. As we will see and hear from our witnesses today,
providing for survivors involves far more than simply
increasing the dollar amount of benefits. It involves
coordination, communication, and a quality of service with
those who are providing the benefits.
One final point. While the face of today's hearing is the
survivors of those killed during the war on terror, there are
over 330,000 survivors which VA has identified who are alive
today. They all have unique stories to tell, regardless of the
circumstances. They all have our deepest respect and
admiration. This hearing is for them.
I would now turn to my colleague, Senator Akaka. He will be
coming in a few moments. So let me turn to other colleagues
that have joined us this morning.
First, let me turn to Senator Graham. Do you have any
opening comment to make?
OPENING STATEMENT OF HON. LINDSEY O. GRAHAM,
U.S. SENATOR FROM SOUTH CAROLINA
Senator Graham. Thank you, Mr. Chairman. One, I appreciate
the hearing. I think this is a timely topic. Mrs. McCollum,
welcome to Congress. Welcome to the Senate. She is from South
Carolina. Her husband was a Clemson graduate, I think, is that
right? We had a ceremony for her husband in Pickens.
As we talk about how to make it more user friendly, as we
talk about how to make it fairer in terms of compensation, let
us remember that we have said thank you to these people in a
heartfelt way. It is now time to do something. We are talking
this stuff to death.
So, Mr. Chairman, I think with your leadership, we are
actually going to do something, and that is why I came today,
just to echo the sentiment that if there is anything that we
can find bipartisan common ground on, it has got to be this,
and let us move.
Chairman Craig. Thank you very much.
Senator Murray, welcome.
OPENING STATEMENT OF HON. PATTY MURRAY,
U.S. SENATOR FROM WASHINGTON
Senator Murray. Thank you very much, Mr. Chairman. I want
to thank you and Senator Akaka for calling this extremely
important hearing today. You mentioned in your opening
statement the words of Abraham Lincoln of 140 years ago that we
have to promise to care for the veteran who has borne the
battle, his widow, and his orphan, and I think as Members of
this Committee, we have a tremendous responsibility and an
opportunity to keep that promise still today and I look forward
to working with you towards that goal.
I also want to welcome all of our panelists who are here
today, the Tragedy Assistance Program for Survivors, Gold Star
Wives of America, and National Military Family Association. All
of you are to be commended for being such strong advocates for
families and I really appreciate the work you do across the
country.
But I particularly want to thank the women and the men who
have lost loved ones fighting for our freedoms. Mrs. Petty and
Mrs. McCollum, you are very brave to be here today and all of
us really appreciate your coming today and sharing with us your
experience so we can do the right thing for everyone who has
lost someone in their service to this country.
Mr. Chairman, my father was a disabled veteran from World
War II and I grew up understanding the commitment that he made
to this country and the responsibility we carry to make sure
that he and others like him are kept the promises that were
made to them. During my college internship back in the early
1970s, I worked in the Seattle VA Hospital. I was a senior in
college during the Vietnam War and was working with young men
and women my age who were coming back from Vietnam. I know the
tremendous burden they gave to this country and the
responsibility we owed them, and that is one reason why I have
served on this Committee for some time and keep the commitment
to making sure that those who serve us are kept the commitments
that we have given them.
That is why today, a lot of my work is continuing to make
sure that our brave soldiers and airmen and women have the
tools that they need to accomplish their missions, but that we
also make sure that those who have served us get the benefits
and services they have earned and don't have to keep fighting
for them, to make sure that they get them quickly and
honorably, as well, and to make sure that we take care of the
families who have lost loved ones who certainly have given the
ultimate commitment to our country.
Last year, or several years ago, I fought with a number of
Members of this Committee against a VA rule that would have
limited the amount of unclaimed benefits that a survivor could
receive. VA's policy said that if a veteran had not received
any unclaimed benefits by the time they died, their survivors
could only get 2 years of the benefits that they owed the
veteran. We made that change 2 years ago and now survivors do
receive all the benefits that are owed them.
I am also proud to have worked with my colleagues on this
Committee to update the survivor benefits formula. Now, the
Senate voted to increase those benefits last year, but
unfortunately, it was left out of the defense bill last year,
so we have more work to do in that area, as well. That is one
of the reasons why your being here today and having this
hearing is so important, so that we can make sure that we get
benefits timely to the people who deserve them so much.
Mr. Chairman, I look forward to the testimony. I do have
another commitment and another hearing that I will attend, but
I will be reviewing all the testimony. Mr. Chairman and Ranking
Member Akaka, who is now here, I look forward to working with
you on this Committee to make sure we keep the promises that we
made.
Chairman Craig. Senator Murray, thank you very much.
We have now been joined by the Ranking Member of the
Committee, Senator Dan Akaka, so I will turn to you, Senator.
OPENING STATEMENT OF HON. DANIEL K. AKAKA,
U.S. SENATOR FROM HAWAII
Senator Akaka. Thank you very much, Mr. Chairman. I want to
thank you for holding this hearing and to tell you again I look
forward to working with you and the Committee.
I am pleased to welcome you to this very important and
timely hearing of the Committee on Veterans' Affairs. I would
like to say a personal thank you to all of the survivors and
families of servicemembers who have traveled here for this
hearing. It is you who we must not forget when we think of
Abraham Lincoln's pledge to care for the families of those who
paid the ultimate sacrifice on behalf of our Nation. My
thoughts and prayers are with you and your families.
I want to also thank the panelists for being here today. I
look forward to hearing the testimony that you have prepared.
Many of you have special insight into how VA's system is
working. Please share your views with us so that we can better
serve you and serve your families, as well.
Last session, this Committee extended education benefits
for surviving spouses of those killed on active duty and
provided an additional $250 per month to surviving spouses with
children for a 2-year period. Please let us know where there
are still gaps in services or areas where VA can be doing
better than it is doing now.
There has been much news coverage of late regarding the
benefits given to families upon a servicemember's death. This
hearing is geared toward answering whether VA benefits are
fulfilling the obligation that this Nation has to care for its
deceased servicemembers' families.
From the Department of Veterans Affairs, Department of
Defense, and Social Security Administration, I hope to hear
more about the types of services that are offered and the
timeliness of delivery of services and compensation.
Again, I look forward to hearing today's testimony and
thank you for your attendance.
Mr. Chairman, I also have a statement from Senator Bill
Nelson that I would like to submit for the record.
Thank you very much, Mr. Chairman.
Chairman Craig. Senator, without objection, Senator
Nelson's statement will be made a part of the record.
[The prepared statement of Senator Nelson follows:]
Prepared Statement of Hon. Bill Nelson,
U.S. Senator from Florida
Thank you, Mr. Chairman. Today I'd like to discuss two glaring
inequities in how this country treats the survivors of its military
retirees. It is my belief that we owe a solemn debt to those men and
women who spend the best years of their lives in military service to
their country, and who have dedicated themselves to preserving our
freedom. Quite simply, I cannot think of a nobler life's mission.
How we treat our veterans and their families is a reflection of our
esteem for their service. As one newsmagazine recently put it,
``America's commitment to the survivors of the tsunami is a mark of our
generosity. The commitment we make to those who voluntarily put
themselves in harm's way to fight our wars is a mark of our
character.''
Last year the Congress made great progress to benefit military
retirees and their families by repealing the law that prohibits
concurrent receipt of military retired pay and VA disability
compensation for our 100 percent disabled retirees. I have received
hundreds of letters in my office from veterans living in my State of
Florida, thanking the Congress for treating them with the dignity that
their service demands.
Mr. Chairman, despite this success, many military retirees and
their survivors still face unfair treatment in receiving the benefits
they have earned or purchased. The same sort of unfair benefit
reduction that we just eliminated in the last Congress for 100 percent
disabled retirees still exists for their survivors--between payments
from the Survivors' Benefit Plan (SBP) and the VA Dependency and
Indemnity Compensation (DIC). This is the first of the two inequities
that are addressed in legislation that I have introduced in S. 185, the
Military Retiree Survivor Benefit Equity Act of 2005.
As my colleagues well know, the Survivors' Benefit Plan is a
purchased annuity which, after years of premium payments, provides
income to the survivors of 100 percent disabled military retirees and
those who die in active service. The VA's Dependency and Indemnity
Compensation benefit is received by the surviving spouse of an active
duty or retired military member who dies from a service-connected
cause. Under current law, even if the surviving spouse of such a
servicemember is eligible for SBP, that purchased annuity is reduced by
the amount of DIC she receives. I recently met with Jennifer McCollum,
a Florida widow who is in just this situation. Her husband, a Marine
aviator, was killed in Operation Enduring Freedom in 2001. The SBP
payment to which his rank entitles her is largely offset by DIC.
Officially, she is entitled to both, yet a technicality in the statute
prevents her from receiving her due. The survivors of servicemembers
who have made the ultimate sacrifice to protect our country deserve
better from their Government.
Mr. Chairman, I have conducted some research into this matter, and
neither I nor my staff can find another incidence of a purchased
annuity benefit being cancelled or reduced on the basis that some other
source of income exists. It simply is not fair that this benefit can be
taken away due to cause of death. If military service caused a retired
member's death, the VA indemnity compensation should be added to the
SBP the retiree paid for, not substituted for it. For members killed on
active duty, a surviving spouse can avoid the dollar-for-dollar offset
only by assigning SBP to children. But that forfeits any SBP claim
after the children reach adulthood, leaving the spouse with benefits
less than $1,000 per month in DIC from the Veterans Administration. Mr.
Chairman, brave Americans who give their lives for their country
deserve fairer treatment for those they leave behind.
Mr. Chairman, the U.S. Government gives DIC to the families of
military personnel whose death is related to their service because we
feel that such honorable sacrifices merit something extra. Not because
we believe that the families of such men and women no longer deserve
the SBP benefit they have paid for.
The Military Retiree Survivor Benefit Equity Act of 2005 addresses
this situation in two important ways. First, it repeals the offset
language in the law, which is the basis of the problem I have just
described. Second, it allows those surviving spouses who have assigned
SBP to their children to switch it back to themselves. Together these
two changes to the current law will set right the treatment of
surviving spouses.
The second serious problem for SBP recipients addressed in the
Military Retiree Survivor Benefit Equity Act of 2005 is the effective
date for paid-up status. As my colleagues know, the Defense
Authorization act for FY 1999 provided that SBP enrollees may stop
paying premiums if they have reached 70 years of age and have been
paying in for 30 years. The problem with this arrangement is that the
effective date was set at Oct 1, 2008. The SBP program was started in
1972, meaning that there were 36 years between the effective date and
when the earliest enrollees joined the system. Military enrollees who
joined SBP between 1972 and 1978 are therefore required to pay for more
than 30 years to reach paid-up status, whereas everyone who came after
them is paid-up after just 30.
Mr. Chairman, this effective date of October 1, 2008 forces
thousands of ``greatest generation'' retirees who signed up for SBP at
its beginning to pay premiums for up to 36 years. The intention of the
law is that retirees will pay into SBP for 30 years, and then reach
paid-up status. The letter of the law, however, dictates that while
most retirees will pay premiums for 30 years and reach paid-up status,
our most aged retirees, many of them World War II combat veterans now
in their 80s, will be forced to pay up to 20 percent longer. These
early retirees also paid the highest premiums since they were set at 10
percent of retired pay until 1990, when they were reduced to 6.5
percent. I submit to you, Mr. Chairman, that this inequity is not what
the 105th Congress had in mind when they allowed paid-up status.
The Military Retiree Survivor Benefit Equity Act of 2005 addresses
this second problem very directly, by changing the effective date from
October 1, 2008, to October 1, 2005. This will end the waiting now
being imposed upon our most aged retirees, beginning in FY 2006.
It is time to provide our military retirees and their families what
they have earned and purchased, and restore basic fairness to military
widows, widowers, and retirees. I call for support from my Senate
colleagues for this important legislation.
Mr. Chairman, my thanks to you and Senator Akaka for your
leadership and for the opportunity to address this issue today.
Chairman Craig. Now let me turn to our colleague, Senator
Burr, for any opening comments he would like to make.
OPENING STATEMENT OF HON. RICHARD BURR,
U.S. SENATOR FROM NORTH CAROLINA
Senator Burr. Mr. Chairman, thank you. I thank the Ranking
Member for this hearing.
Mr. Chairman, I would like to take this opportunity this
morning to recognize somebody who is in the audience with us,
Deborah May. Deborah is the wife of Marine Staff Sergeant
Donald May, who died in Iraq in March of 2003, serving in
Operation Iraqi Freedom. Deborah is here with her three
children, Mariah and two sons, Jack and Will. She currently
lives in Jacksonville, North Carolina, and made this trip up
today as a woman who has been through the loss of her husband,
has worked through the process that surviving spouses must deal
with in raising three young children.
Deborah's story, along with the stories of Mrs. Petty and
Mrs. McCollum, who will testify this morning, can provide this
Committee a first-hand insight into what we should do and how
we can make the process better, and specifically what changes
need to be made in the benefit structure that we are able to
provide.
I personally want to thank Deborah for making the trip up
today. I believe I can speak for all of us in saying that we
can never thank the individuals that are affected enough for
the sacrifices that have been made.
But I ditto the comments of Lindsey Graham. We can act. We
can do the things that we have said we should do, the things we
know we should do, and to take away the element, the question
that surviving spouses have, and that is how do I survive and
how do I take care of a family now that we have got one that is
not there.
Mr. Chairman, again, I thank our witnesses for their
willingness to be here. I thank the Members for the passion
that they show. I look forward to the progress under your
leadership.
Chairman Craig. Senator Burr, thank you very much, and
thank you for introducing Deborah.
Deborah, this Committee is here to also hear from you. At
any point you would want to visit with me or our staffs or
certainly your Senator, and with any additional information, we
would be happy to take it and supply it for the record.
Now let me turn to another Senator who has just entered,
the Senator from Illinois, Senator Obama. Do you have any
opening comments you would like to make?
OPENING STATEMENT OF HON. BARAK OBAMA,
U.S. SENATOR FROM ILLINOIS
Senator Obama. Thank you very much, Mr. Chairman, Members
of this Committee. I simply want to thank the witnesses here
and their families for the enormous service that they have
rendered to this country, the sacrifices that have been made.
I am new to this Committee, but one of the advantages, I
think, of traveling in a large State like Illinois during the
course of the campaign is the opportunity to meet all the
military families, members of the National Guard, Reserves, and
just get a sense of how significant their sacrifices are. In
every small town all throughout Illinois, you will meet people
who not only have volunteered, but families who are proud of
the services that are rendered.
One of the concerns, I think, that I have had is that
although we are very good at honoring our troops during the
course of a war when they are in uniform, that oftentimes it
seems as if once the spotlight is off of them, they are
forgotten. I know that this Committee and the Members of this
Committee share my commitment to make sure that that is not the
case.
This particular issue of what are we doing for these
families when their loved ones are gone is of critical
importance. I expect that this Committee will not only use this
testimony to inspire our words, but also hopefully inspire our
deeds, because ultimately, it is not enough for us just to talk
about honoring our troops. We are going to have to also make
sure that we follow through on it and that is going to require
a commitment of resources that so far has not been forthcoming.
So I congratulate those Members of the Senate who have
taken it upon themselves to focus on this issue. I thank you
for helping us put a face to these issues and I am very much
looking forward to your testimony.
Chairman Craig. Thank you very much, Senator. Let me thank
all of my colleagues for joining us this morning.
And now, let us turn to our two panels. Our first panel, we
have five witnesses. First is a distinguished Idahoan, Mrs.
Tiffany Petty, surviving spouse of Army PFC Jerrick Petty, who
was killed in a firefight outside Mosul on December 10, 2003.
Mrs. Petty has two children at home in Idaho, 4-year-old
Azerdon and 2-year-old Jerrick.
Mrs. Jennifer McCollum, surviving spouse of Captain Dan
McCollum, who was killed in a plane crash in Pakistan on
January 9, 2002. Mrs. McCollum has one child, Daniel Junior,
who was born 5 months after Captain McCollum was killed.
Mrs. Bonnie Carroll, chairman and founder of Tragedy
Assistance Program for Survivors. Mrs. Carroll was gracious
enough to testify in place of actor and comedian Ben Stein, who
had a last-minute conflict, I understand some health problems.
So you are an exceptional replacement.
[Laughter.]
Chairman Craig. Bonnie, we appreciate you being with us.
She is the surviving spouse of Brigadier General Tom Carroll,
who died in an Army C-12 plane crash in 1992.
Mrs. Edith Smith, Legislative Committee Member of the Gold
Star Wives of America. Senator Murray has already spoken of
your phenomenal services and the service of your organization.
Mrs. Smith is the widow of Lieutenant Colonel Vincent M. Smith,
who died as a result of service-related injuries.
And last, but certainly not least, Kathleen Moakler, Deputy
Director within the Government Relations Department of the
National Military Family Association.
We welcome all of you, and Tiffany, we will turn to you to
offer your testimony. We would ask you to pull the microphone
as close as you wish. There is a little button on the bottom of
it that you will need to activate. Welcome before the
Committee.
STATEMENT OF TIFFANY PETTY, SURVIVING SPOUSE
Mrs. Petty. Thank you. Thank you very much. I am very
honored to be here. I never thought that I could be able to
make a difference in my life, and when I got the phone call to
be asked to come up here and speak to the Committee, I was
scared to death and now I am just extremely happy. Anything I
can do to help to make things different for other people that
have to go through the same circumstances, that is why I am
here, just to do whatever I can.
There are quite a few things that I really wanted to put
focus on. As far as the Casualty Assistance Officers, the first
officer that I had was very wonderful to me. He had a very
difficult job to tell me about the fact that my husband was
dead. Unfortunately, I did not have him for very long.
The second officer that I had did do his absolute best to
help me as much as he could, but he was not educated in the
things that came after the funeral, the things that I needed to
know as far as insurance, Social Security, what kind of
benefits were available for my children, and everything that
comes afterwards. He tried to do everything that he could. He
tried to get to the right people to get me the answers that I
needed. Unfortunately, he just couldn't do what he needed to
do.
I ended up getting more help from the soldiers that were
not obligated to help me. The soldiers that were with my
husband in Iraq are the ones that helped me get my furniture
home, the ones that helped me get a new military I.D. card, the
ones that had been there just for a phone call, when I needed
somebody to cry to, when I needed to hear the good things that
my husband did while he was over there. That is when the
soldiers were there to help me.
Social Security has been good to me, as much as they could.
I have had one incident where I had to make a phone call and
the lady I talked to on the phone was not the best to me. She
was condescending and rude. Unfortunately, I had to deal with
that, but we did get through the problem. We did get it fixed
and now I am not having any more problems with Social Security.
Really, I can't think of anything else that was a major
problem right off the top of my head. I did not have a speech
written. I am not good at those. I usually just look at the
paper and look away and start talking on my own. So if I miss
anything, I apologize.
Really, the biggest thing that I wanted to put focus on was
the fact of the soldiers that were helping me that did not need
to help me. I think it is very important that people do know
that there are so many soldiers out there that are coming home
afterwards that have been injured and their families have to
take care of them. It is just like losing your loved one in the
war when you have got to take care of one that cannot take care
of himself or herself. I believe they need to be taken care of,
as well.
The soldiers are very wonderful people and I think they all
need to be recognized for that.
Chairman Craig. Tiffany, thank you very much for that
testimony. We will come back to you for questions and any
additional thoughts you might have as the hearing and the panel
progresses this morning, but we do appreciate you traveling
here from Idaho and offering your heartfelt thoughts to the
Committee.
[The prepared statement of Mrs. Petty follows:]
Prepared Statement of Tiffany Petty, Surviving Spouse
Thank you for the opportunity to speak. I am very honored that you
picked me to represent so many men and women. If what you hear from me
makes a difference in the way things are done in the event of another
family's loved one's death, then I have accomplished my goals. I could
not ask for a better chance to make a difference. Thank you for
listening to what I have to say.
The first issue I would like to address is with the notification of
Jerrick's death from the Army. I was officially notified from the Army
of Jerrick's death the day after his parents were notified. My sister-
in-law called me after an officer went to the family. She called me to
see if I was doing okay. I was not happy with finding out from my in-
laws, hours after they were told, about my husband's death. I believe
the Army should make sure they have immediate family's information
updated regularly so that the spouse is notified immediately, rather
than the day after the parents are notified. The spouse should always
be the first notification, even if it has to be delayed.
The first casualty assistance officer that worked with me was good.
I do not have any complaints about the way he treated me. Unfortunately
I did not work with him long. I was handed over to another officer
within a couple of weeks that was not trained or knowledgeable for
being an assistance officer. He tried to be as much help as he could,
and he was very kind and considerate of my needs, but he was not able
to answer questions or help me with certain needs. He would try to get
questions answered for me by asking others, but he could not find the
right people to talk to.
The casualty assistance officers were very kind and very
businesslike, but yet personal. It was obvious that they had feelings
about what they had to do, and considered my feelings the entire time,
with all information given. I wanted to know what had happened to my
husband, and they told me that he was killed almost instantly. I later
learned that he was flown by helicopter to a hospital where he fought
for his life for two hours. He was able to communicate to a fellow
soldier by squeezing his hand when he was asked questions. All of this
information was very important to me. The problem was that I was given
information that could be verified later by his fellow soldiers and I
should not have been given inaccurate information of any kind. The
casualty officers should know all information is verifiable at some
time. If they do not know the circumstances surrounding the loved one's
death, they need to say that rather than just trying to make the family
feel that their loved one did not suffer.
The casualty officer had one very specific task that we know was
incredibly difficult for him. At the time he handled it very
diplomatically. I had to choose how to send my husband's body home.
There was a piece of his body missing, and I had to choose whether to
send him home with or without it. It was a terrible question to ask,
but I am glad they gave me the choice to have him sent home sooner
without it, or later with it. It was the right thing for them to do,
even though it was very hard on my part and his. He handled it very
honorably, and with compassion and diplomacy.
The casualty assistance officers have a very difficult job, and
they treated me with the utmost respect and kindness. I believe they
did their best with the information they were given, but they do need
to be more educated about the tasks that come after the burial. When I
had questions about benefits available, or simple things like moving my
furniture to Pocatello from the base in Kentucky, they were not able to
help me. They did not have the answers I needed, and they did not know
how or where to get the answers. In my opinion, that does need to be
remedied.
The monies given to me directly after my husband's death to take
care of expenses was not nearly enough. I had to use that money for air
fare to get home, funeral flowers, burial plot, and for getting
immediate family from areas of Nevada and Idaho to the place of the
funeral. A lot of families in this day and age cannot afford to travel
long distances to attend their loved one's funeral without assistance.
I was told that the initial check after his death was for that reason,
but it was not enough to pay for immediate family, for the kids and I
to fly from Missouri to Idaho, and the extra funeral expenses.
The Army was very gracious to provide the National Guard Armory
free of charge to hold the funeral. Everyone there was very good at
helping with all the arrangements. Because of a pending protest, our
family felt secure with having the funeral and viewing there where
cameras and interviews were not allowed. Anyone that tried to sneak in
was quickly removed from the building before the family was bothered.
As a result of the Army's cooperation the protest did not happen, and
the news media was kept at bay. One of the soldiers, Lieutenant
Marsano, also kept a sharp eye at the grave side. We did have some news
media sneak in at that point. Lieutenant Marsano very quickly removed
them, and again we were not bothered. I am very thankful for the men
and women that helped during that time. They volunteered their help,
and they were very thorough at keeping the funeral as peaceful as they
could.
After the death of my husband, I needed to fly home to take care of
the funeral. The Army didn't have anyone to escort me, which in my
situation was very important. At the time I was a young mother with two
babies, and I was not in any condition, due to major surgery, to travel
in a hurry for an undetermined amount of time. I needed accompaniment
and the Army should have at least taken care of the airfare for the
children and I, and my aunt and uncle to accompany me. My aunt couldn't
bring me and the children home because her son had been in an Army
accident days before in Iraq, so she should not have been left alone
and could not accompany me alone. My uncle had to come with us to help
me with the children. If he couldn't make it, someone from Idaho would
have had to fly to Missouri to help me and the children get home. The
cost would have been more if we had to do that. Keep in mind that most
``families'' are usually at a base, not near their home, and when given
the news of a death they need to find a way home. There are other young
mothers that have medical problems as well. The Army needs to be aware
and sympathetic to these mothers. I was fortunate enough to have people
to help me, but there are others that do not have the same good
fortune.
When I spoke at a local Veteran's Day Celebration (October 2004), I
learned that the Army had not yet paid for my husband's funeral
expenses at a local funeral home. It should not have taken the Army 9
months to pay for this. This is not the kind of thing the family
remembers to follow up on during a time of grief and mourning. The Army
should have been on top of this, even if the survivor has items they
are responsible for. The Army should also be clear with the survivors,
so that they know what they are responsible for. If the first initial
check was for this, they should have told me at the beginning.
We did have problems with the headstone at Jerrick's grave. Jerrick
was buried on December 20, 2003, and when I went up to his grave a
little over a week before Memorial Day, the headstone still had not
been placed. I was very upset by this. The headstone should have been
placed soon after he was buried rather than 5 months later. After some
phone calls and a couple of headaches we were able to get the headstone
placed a week before Memorial Day. The families would like to visit
their loved one's grave and not have to worry about whether or not
everything will be done the way it is supposed to be. This is not the
kind of thing the families are supposed to worry about. The Army should
have been on top of this.
I have had quite a few problems with Social Security. Social
Security keeps inconsistently changing my home address for my checks. I
purchased a home and put in a change of address immediately. My home
address was re-forwarded to my old address, a rented apartment, twice
already. When I called the last time to find out why I wasn't receiving
my checks I talked to a representative that was very rude and
condescending. She told me that the address had been changed and I
asked her why. She could not tell me how it had happened. I know that I
did not put in the change so I was a little upset that it had happened
a second time without my knowledge or permission. I asked what I could
do to fix the problem and she could not give me a straightforward
answer. I told her that I could not understand what she was trying to
explain, so I asked her to go over everything one more time a little
slower and more efficiently. She then asked me if I was ``stupid'', and
I was appalled. She then went on to tell me that I should talk to
someone else in the home office in Pocatello, Idaho because I was too
ignorant to understand her. I couldn't believe that I was being spoken
to in such a manner. I had explained to her that I needed to get the
problem solved as soon as possible because I have to rely on those
checks every month to support my family, and that I couldn't go another
month without those checks. She told me that she was not concerned with
that. I did not get anything solved with that phone call. The office in
my home town wasn't helpful either. I ended up calling again later and
got the problem solved within just a few minutes once I got to speak
with someone.
I have also had problems with trying to talk to someone with Social
Security. I am a single mother of two small children so I don't get a
whole lot of time to sit on the phone for long periods of time during
calling hours. Children require constant care and attention when they
are the age of three and under. I do not have the time to sit on hold
for ten to twenty minutes to talk to someone, and sometimes when you do
get through the representatives are impatient and rude. Again, I
believe this is a problem that needs to be remedied.
I was happy that the Army provided our family with life insurance.
That has helped greatly, but I do have a couple of issues that should
be addressed.
Before my husband left for Iraq, I learned that he had signed all
of the insurance policy over to his parents. I immediately talked to
him about it, so he changed it to 60 percent of it to me and the
children, and the other 40 percent to his parents. I didn't know how
much he left to us until his death. What bothers me most about this
situation is that I have quite a few medical problems, and I have not
been able to work for the last few years because of them. He knew that
I would have to depend on this life insurance to raise the children,
but he still left almost half of it to his parents. I did open another
life insurance policy on him just days before he left for Iraq. This
was after he signed the paperwork for the Army life insurance and
before I knew how much he had left to his parents in the event of his
death. We were very fortunate that we had that extra life insurance
policy, but other families may not have that opportunity.
The question I have about this situation is that is it ethical for
soldiers to leave their life insurance policy to parents instead of
their spouse and children? The surviving spouse is the one to take care
of the children for the rest of their growing years, and they might
have to depend on that life insurance policy. Should the soldiers be
able to give it away to family not in charge of the care of his or her
children? Does the Army educate their soldiers of the importance of
additional life insurance and how to distribute it?
I am very thankful for the TRICARE medical insurance. If I did not
have the insurance I would not have been able to get a lot of my
medical problems taken care of. There are some issues that need to be
addressed in this area as well. I do not live close to a VA hospital so
there are some things I do not get covered for. For example, I have to
wear glasses or contacts. TRICARE insurance does not cover the fees for
the doctor's visit, prescription, or the glasses or contacts. From the
information I have gotten from friends who are soldiers, I must go to a
base or VA hospital to get coverage. Unfortunately the nearest to
either places is at least two-and-a-half to three hours away. I do not
have the time or means to drive that far just for glasses, contacts or
prescription. By doing all of this in my home town it costs more than
what I can really afford. When I have to pay a couple hundred dollars
just to see, out of my pocket, it takes away from the regular expenses
I need to take care of each month. Where I have only the Social
Security and VA checks to depend on each month, I cannot afford to
spend so much money on things other than my monthly expenses. If my
children were to need glasses, would the insurance pay for them?
Another problem I have with the insurance is the care I get from
doctors in this area. I will not go see my primary physician unless I
absolutely have to. He misdiagnosed my cancer and he would not immunize
my children. I had to take my children to the local Health and Welfare
department to get their immunizations, and I ended up in emergency
surgery for the cancer and a hernia. I am not at all happy with the
care, but I can't get the information I need to know how to change
doctors. I do not know how to find out who takes TRICARE in this area
either. I have plenty of insurance questions, but I do not know where
or who to get the answers from.
I have received a lot of support from the community and from the
soldiers that were with my husband in Iraq. I greatly appreciate the
help I have received from the people that it is expected from, but the
most help and support has been from the people that are not obligated
to do so.
The most support I have received altogether has been from the
soldiers that were with my husband overseas. The soldiers from Fort
Campbell have answered all the questions I ever had about my husband
while he was in the Army, and they have been kind enough to share some
wonderful stories of the things he did while he was with them.
When I moved to Idaho I left all of our belongings in storage on
the base. When I learned of Jerrick's death I came home with my
immediate belongings only. Just the things that would fit into luggage
bags for the plane ride home. I did not know exactly where any of the
items where stored, so I did not know how to get any of it back. For
months I did not have a crib for the baby, clothing, beds, etc. The
casualty assistance officers did not know how to track any of it down
either. After the soldiers got back from Iraq, they called me and asked
if I would come visit them. While I was there they got my belongings
shipped home, they helped me get a new military identification card,
and they answered any questions I had surrounding Jerrick's death.
I have a big military family so I do get to see a lot of what kind
of support our soldiers that are coming home are getting. The soldiers
that are coming home alive are still heroes. I have seen some problems
with how they are dealing with life away from war. I see that they are
still living in an idea of war even though they are not overseas. I
believe they need to have some extra care when they get home too.
Chairman Craig. Now let us turn to Mrs. McCollum. Jennifer,
please proceed.
STATEMENT OF JENNIFER McCOLLUM, SURVIVING SPOUSE
Mrs. McCollum. Chairman Craig, Ranking Member Akaka,
Members of the Veterans' Affairs Committee, thank you for the
opportunity to appear before you this morning.
Mr. Chairman, before I proceed with my oral remarks, I ask
that my written statement, which contains a more detailed
accounting of my experience following my husband's death, be
made part of the record.
Chairman Craig. Thank you, Jennifer. All of your full
statements will become a part of the record, and please
proceed.
Mrs. McCollum. Thank you, Mr. Chairman. I am honored to be
in your presence for the purpose of sharing a little bit of my
story as a war widow in hopes to better this road for those
unfortunate enough that will follow.
My husband, Captain Dan McCollum, was killed 3 years ago in
America's response to the terrorist attacks on our country.
Acknowledging that there are simply no words to wrap around the
event when a military bride hears, ``We regret to inform you,''
from her husband's commanding officer, I would like to share
some of the disconnect and misnomers that currently exist in
the survivor benefit program that our Nation is offering its
war widowed and orphaned.
I would like to comment on a report that was published last
year, the report to Congress requested in Section 647 of the
National Defense Authorization Act of 2005, also known as the
SAG Corporation's Review of Military Death Benefits. I would
like to highlight that in this report, many things are assumed
to be happening, such as transition assistance. Firsthand, I
can confirm that the support and services are not consistently
reliable, if even present.
Upon the death of my husband, I was assigned what the U.S.
Marine Corps calls a Casualty Assistance Calls Officer or CACO
for short. I was told that he was my ``go-to'' guy and that he
was assigned to me for 1 year. My CACO was shortly thereafter
deployed. My original CACO was first and foremost a Marine
Corps pilot. I do not begrudge that. What I do want to
highlight is the lack of continuity that the U.S. military has
made in almost every casualty assistance of which I am aware.
My situation is not unique, and as a matter of fact, I am
discovering that casualty assistance is increasingly failing
miserably and sometimes disgracefully. Successful casualty
assistance is not the rule. It is quite the exception. Not only
is there a lack of continuity, but casualty assistance is a
``learn as you go'' for officers that otherwise have jobs that
need to be done for their unit or squadron.
One widow has reported that her Casualty Officer was
informed by his unit that he had a day job and the casualty
assistance was to be done after hours. Another widow shares
that her Casualty Officer retired 45 days after her husband
died and was not replaced. And yet more widows have shared that
their Casualty Officers dropped from the radar screen just
after the funeral. This is certainly not the military taking
care of its own.
Although this isn't a personal experience, it is vital that
I share with you that I have been in contact with several
widows who are still waiting on payment or reimbursement for
their husbands' funerals. I cannot attest to what went wrong or
how this even became an issue. It is a clear injustice to our
grieving families and requires immediate rectification. This is
a prime example of families falling through the cracks in a
system that is not working.
Family members or dependents are led to understand that we
have 3 years of active duty status in and of the military
community following the death of our active duty sponsor. Upon
the commencement of the fourth year, the dependent family is
then considered retired.
Six months after my husband died, I had emergency dental
work that needed to be done. I later found out that the damage
was due to grinding my teeth related to stress. At the time of
injury, I was informed that I was not eligible to enroll in
United Concordia, the active duty service provider. I was told
to contact the retiree service that is provided through Delta
Dental. Financially, it was not a prudent choice for me to
enroll in this unanticipated program. I ended up paying a
dentist out of pocket for my dental repair as insurance would
have been a bit more costly.
We were also told that we would have legal and tax
assistance. As it turned out, the legal department was so
apparently over-tasked that probate on my husband's estate was
not completed and filed, an issue that I had to revisit
unexpectedly 2\1/2\ years later. My taxes, having been handed
over to the tax office at the local Marine Corps base within a
month of my husband's death, were not prepared for filing until
over 7 months later.
Also, I explored the option of traveling via space
available flights. To my surprise, widows and orphans are one
of the very few groups that are excluded from using the
service. Space ``A'' flights are available to active duty,
active duty dependents, retirees, and retiree dependents, but
not to family members of those who have died in the line of
duty.
I was also told that I would be provided a final move. I
was not informed that there was a statute of limitations on
this provision. Two years after my husband was killed, I
prepared to move out of our home, only to find that the time
period for this final move had elapsed. Thankfully, a few
gracious hearts, a few phone calls, and ultimately a waiver, I
was provided the move. Bottom line, I was unaware of this even
being a situation until it appeared too late.
Additionally, when I moved from California to Florida, I
knew that I needed to contact TRICARE about relocating.
However, I did not anticipate the reception, or lack thereof,
that I was about to receive. It became immediately clear that I
needed to defend the guidelines of 3 years of active duty
status. I was told by the lead office clerk that I was not
considered active duty, the statute of limitations had passed,
and I needed to submit paperwork for retired status of care.
Significant misinformation exists further regarding health
benefits once we enter the retired status, a situation of which
I have just arrived. I received a warning call, if you will,
from another war widow whose husband was killed alongside mine.
She informed me that while she was at her local military
treatment facility, also called an MTF, for a scheduled
appointment, she was informed that she was no longer eligible
to receive services there. I called TRICARE upon hearing her
story and was shortly thereafter informed that I, as well, was
not eligible to receive services at my local MTF.
I additionally discovered that my 2\1/2\-year-old son and I
had been downgraded in health care coverage from TRICARE Prime
to TRICARE Standard. I was then also told that if I wanted to
reestablish my coverage with TRICARE Prime, the earliest it
would go into effect would be late March, 2 months away.
The most concerning aspect to me was not specifically the
continued lack of communication or the generalized lack of
knowledge among the TRICARE representatives, but rather the
fact that my child was now ineligible to continue to receive
services under a medical program in which I moved for. My
relocation from San Diego, California, to Jacksonville,
Florida, was primarily based on the fact that we would be able
to continue to receive care at the local military treatment
facility. Imagine my surprise when this was no longer the case.
Also, I fully support the repeal of the SBP/DIC offset, as
introduced by Senator Bill Nelson under S. 185. These two
benefits do not complement each other in reciprocal dollar-for-
dollar purposes and therefore needs to be rectified. Please
take note that Federal Civil Service dependents do not lose SBP
benefits when receiving DIC payments.
I additionally request the child option be made retroactive
to September 11, 2001, in regards to SBP. As it currently
stands, a child option is available if the servicemember died
after November 24, 2003. My family, therefore, is ineligible
for this option. Furthermore, add the option of turning over
the full SBP to a child of that family specifically when and if
the unremarried spouse remarries. My concern is that
legislation, as it currently stands, does not encourage
remarriage for the widowed spouse. Rather, it penalizes a
remarried status.
And finally, it is understood that if a spouse were to
divorce her husband after 10 years of marriage, all the while
being active duty in the U.S. Armed Forces, the spouse is
entitled to at least 50 percent of the member's retired pay. A
discrepancy exists between that of a widow and that of a
divorcee. Upon remarriage, that divorcee is still entitled to
half of her husband's retired pay. Upon remarriage, a widow is
not entitled to anything, specifically concerning when children
are involved. Of course, this is after acknowledging that the
widow is not even entitled to her husband's retired pay at all
as DIC offsets it.
In closing, these examples are but a mere biopsy of the
current conditions. Change is absolutely necessary. On behalf
of all war widows, we need your help. Thank you for your time.
Chairman Craig. Jennifer, thank you. That is very valuable
testimony.
[The prepared statement of Mrs. McCollum follows:]
Prepared Statement of Jennifer McCollum, Surviving Spouse
I am honored to share with you a little bit of my story as a war
widow in hopes to better this road for those unfortunate enough that
will follow.
My husband, Capt. Dan McCollum was killed 3 years ago in America's
response to the terrorist attacks on our country. My husband was a
KC130 pilot for the United States Marine Corps. Acknowledging that
there simply are no words to wrap around the event when a military
bride hears, ``We regret to inform you . . .'' from her husband's
commanding officer, I would like to share with you some of the
disconnect and misnomers that currently exist in the survivor benefit
program that our Nation is offering its war widowed and orphaned.
I would like to comment on a report that was published last year,
the report to Congress requested in Section 647.NDAA05. The SAG
Corporation finalized a ``Review of Military Death Benefits'' in April
of 2004. Many items highlighted in this report, are none the less
important from the other. It is noted that Congress particularly
expressed concern that:
<bullet> The Government of the United States properly recognize the
significant sacrifice entailed in the loss of life by members;
<bullet> The death benefits offered to civilian victims of
terrorism may outstrip those offered to military members who are also
victims of terrorism;
<bullet> The death benefits offered to military members have not
kept pace with benefits offered by other employers; and
<bullet> Servicemembers' Group Life Insurance (SGLI) requires
members to pay premiums and does not provide a guaranteed minimum
benefit (participation in SGLI is voluntary). [page 5]
Also, I would like to highlight that in this report, many things
are assumed to be happening, such as transition assistance. First hand
I can confirm that the support and services are not consistently
reliable, if even present [see page 6].
Upon the death of my husband, I was assigned what the U.S. Marine
Corps calls a ``Casualty Assistance Calls Officer,'' CACO for short. I
was told that he was my ``go-to guy'' and that he was assigned to me
for 1 year. My CACO was subsequently deployed, as all Miramar based
C130 pilots were during Operation Enduring Freedom. My initial CACO, a
dear friend to me and my husband, was first and foremost a U.S. Marine
Corps pilot. I do not begrudge that. What I do want to highlight is the
lack of continuity that the U.S. military has made in almost every
casualty assistance of which I am aware. My situation is not unique,
and as a matter of fact, I am discovering that casualty assistance is
increasingly failing miserably and disgracefully. Successful casualty
assistance is not the rule, it is quite the exception. Not only is
there a significant lack of continuity, but casualty assistance is a
``learn as you go'' for officers that otherwise have jobs that need to
be done for the unit or squadron to continue and maintain. One widow
has reported that her casualty officer was informed by his unit that he
had a day job and the casualty assistance was to be done after hours.
Another widow shares that her casualty officer retired 45 days after
her husband died and not replaced. And yet more widows have shared that
their casualty officers drop from the radar screen just after the
funeral. This is certainly not the military taking care of its own.
Although this is not a personal experience, it is vital that I
share with you that I have been in contact with several widows who are
still waiting on payment or reimbursement for their husbands' funerals.
I cannot attest to what went wrong or how this even became an issue. It
is a clear injustice to our grieving families and requires immediate
rectification. This is a prime example of families falling through the
cracks in a system that is not working.
Family members, or dependents, are led to understand that we have 3
years of ``active duty status'' in and of the military community
following the death of our active duty ``sponsor.'' Upon the
commencement of the 4th year, the dependent family is then considered
``retired.''
Six months after my husband died, I had emergency dental work that
needed to be done. I later found out that the damage was due to
grinding my teeth, related to stress. At the time of injury, I was
informed that I was not eligible to enroll in United Concordia, the
active duty service provider. I was told to contact the retiree service
that is provided through Delta Dental. Delta Dental's premiums and
insurance rates are much more than that of United Concordia. It has
been explained to me that the reason for this costly difference is that
Delta Dental (the retiree plan) is not subsidized by the Government
while United Concordia is. Financially, it was not prudent choice for
me to enroll in this unanticipated program at that time. I ended up
paying a dentist out of pocket for my dental repair, as insurance would
have been more costly. I have come to learn that I am not alone in this
as other widows have also been left out of services in which they would
otherwise meet eligibility requirements had they enrolled prior to
their husband's death.
Also, as I was 15 weeks pregnant with our son at the time of my
husband's death, I had the arduous task of enrolling our son into the
military health care computer system, DEERS after our son was born. It
has also come to my attention that enrollment of these children, born
after their fathers have been killed, continues to be wrought with
difficulties and bureaucratic red tape.
We were also told that we would have legal and tax assistance. As
it turned out, the legal department was so apparently over-tasked that
probate on my husband's estate was not completed and filed, an issue
that I had to revisit unexpectedly 2\1/2\-years later. I would be
remiss if I didn't share that most of us were unaware of legalities
surrounding a death of a spouse. Legal terms, such as ``probate'' carry
little meaning to a young woman who was previously, as an example, most
concerned about which preschool her child should attend or what
birthing class she and her husband should sign up for. Additionally, my
taxes, having been handed over to the tax office at Miramar within a
month of my husband's death, were not prepared for filing until over 7
months later.
Also, I explored the option of traveling via space available
flights for CONUS and OCONUS flight operations. To my surprise, widows
and orphans are one of the very few groups that are excluded from using
this service. Space ``A'' flights are available to active duty, active
duty dependents, retirees and retiree dependents but not to family
members of those who have died in the line of duty.
I was also told that I was to be provided a final move. I was not
informed that there was a 12 month statute of limitations on the
provision. I had made, in retrospect, a very sound decision in the
first few days following the death of my husband. I chose not to make
any major decisions for at least one whole year. Upon the second
anniversary of his death, I prepared to move out of our home, only to
find out that the time period for this final move had elapsed.
Thankfully a few gracious hearts, a few phone calls and ultimately a
waiver, I was provided the move. Bottom line, I was unaware of this
even being a situation until it appeared too late. Without a CACO, I
relied on friends that luckily had not transferred out of the area or
were deployed to assist me on where to go for requests, what paperwork
to bring and in some cases, what to fill out on the paperwork.
Understand that in the military community, this can be considered rare
as it is a transient community to say the least.
Additionally, when I moved from California to Florida, I knew that
I needed to contact TRICARE about relocating. However, I did not
anticipate the reception, or lack thereof, that I was about to receive.
It became immediately clear that I needed to defend the guidelines of
``3 years of active duty status.'' I was told by the lead office clerk
that I was not considered active duty, statute of limitations had
passed and that I needed to submit paperwork for a retired status of
care. She backed down shortly after I was brought to tears in the
waiting room by this banter. It wasn't until this individual researched
her demands and the details that the situation was remedied. However,
that didn't negate the fact that I was immediately put on the defensive
and made very well aware of the lack of working knowledge in this
department (TRICARE).
Significant misinformation exists further regarding health benefits
once we enter the retired status, a situation in which I have just
arrived. It was my understanding that within the month of the
servicemember's death, the surviving spouse was to contact TRICARE and
re-enroll in the system from active duty to retired. I received a
warning call, if you will, from another war widow whose husband was
killed alongside mine. She informed me that while she was at her local
military treatment facility (MTF) for a scheduled appointment, she was
informed that she was no longer eligible to receive services there. I
called TRICARE upon hearing her story and was shortly thereafter
informed that I, as well, was not eligible to receive services at my
local MTF. I additionally discovered that my 2\1/2\-year-old son and I
had been downgraded in health care coverage from TRICARE Prime to
TRICARE Standard. I was then further informed that if I wanted to re-
establish my coverage with TRICARE Prime, the earliest it would go into
effect would be late March--2 months away. Admittedly, I was in tears
at this new revelation and finally was able to focus on just
understanding exactly the status of the new terms surrounding our
medical coverage. I was told that it would only cost $115 every 3
months, or $460 per year, for my son and me to get back into the
TRICARE Prime. Irregardless of the program I chose, we are still not
eligible to go to the MTF for care as they have stopped taking non-
active duty patients. Needless to say, I will not be able to schedule
any of the follow-up appointments that I have for current treatments
and ongoing care. It took two complete days to reach a local TRICARE
representative in the Jacksonville area. I was, at that time, told that
it would cost me in upwards of $4,000 annually to continue in the
TRICARE system, a fact that was soon corrected when I questioned the
program as it applies to retirees. This is yet another example of the
lack of working knowledge of this department. The most concerning
aspect of this to me was not specifically the continued lack of
communication, or the generalized lack of knowledge among TRICARE
representatives, but rather the fact that my child was now ineligible
to continue to receive services under a medical program that I moved
for. My relocation from San Diego to Jacksonville, FL was primarily
based on the fact that we would be able to continue to receive care at
the local MTF. Imagine my surprise when this was no longer the case.
I'm not sure how much I was understood when I shared with the TRICARE
representatives to be aware of what was getting ready to happen in that
there will be many, many widows like me soon to follow. (As my husband
was one of the first killed in action after the terrorist attacks, I
have come to that 3-year mark ahead of most.)
Another thing to highlight is the reported disparity of line of
duty death benefits for military personnel and other public services
and private sectors. The bottom line appears that the benefit plan that
is provided to the families of the men and women who put their country
before their family, who put the freedom of this country before their
own personal gain and have paid the extreme in ultimate sacrifice
merely appears to be just simply a good intention, rather than a
reality.
The report generated by the SAG Corporation clearly supports and
defends Senators Sessions and Lieberman's proposals of increased death
gratuity and an increase in life insurance policies under the HEROES
Act of 2005. It appears to me that this act has made tremendous strides
in attempting to catch up to what the other first line defenders of
this country are offering to their surviving families.
I would also like to underscore the indexing of cash benefits to
the military wage level and request that Cost of Living Allowances,
Basic Housing Allowance and other items in a servicemember's monthly
income take in a serious level of consideration, as these items are
excluded from the equation when base pay is considered, however they
are not excluded when a family prepares a budget. I request a strong
level of support for this legislation and further request that the
process occurs in an expeditious and efficient manner without
unnecessary bureaucracy and needless demands.
I fully support the repeal the SBP/DIC offset as introduced by
Senator Bill Nelson under S. 185. These two benefits do not compliment
each other in reciprocal, dollar for dollar purposes and therefore need
to be rectified. Please take note that Federal civil service dependents
do not lose SBP benefits when receiving DIC payments.
I additionally request the child option be made retroactive to
September 11, 2001. As it currently stands, a child option is available
if the servicemember died after November 11, 2004. My family,
therefore, is ineligible for this option. Furthermore, add the option
of turning over the full SBP to a child of that family, specifically
when and if the un-remarried spouse remarries. My concern is that the
legislation, as it currently stands does not encourage remarriage for
the widowed spouse, rather penalizes a remarried status.
It is understood that if a spouse were to divorce her husband after
10 years of marriage, all the while being active duty in the U.S. Armed
Forces, this spouse is entitled to at least 50 percent of the member's
retired pay. A discrepancy exists between that of a widow and that of a
divorcee. Upon remarriage, that divorcee is still entitled to half of
her husband's retired pay. Upon remarriage, a widow is not entitled to
anything--specifically concerning when children are involved. Of
course, this is after acknowledging that the widow is not even entitled
to her husband's retired pay at all, as DIC offsets it. (As another
example: in a two marriage situation, the first wife can have SBP and
the second wife can have DIC without offset.)
I would like to share a situation, although remedied, should be
known. Four months following the death of my husband, I, along with the
other ``next-of-kin'' family members to the six other individuals that
died alongside my husband, received a survey in the mail. We were asked
to rank our experiences, selecting between four to five choices, on a
page full of questions surrounding the death of our loved one,
notification of the death, the burial and communication of the Casualty
Assistance Calls Officers. Not only was this perceived as thoughtless,
but at 4 months following the most crushing event in our individual
lives, as survey was not the way to go about obtaining information.
Communication was made between Headquarters Marine Corps, Commanding
General of Manpower. This survey, as we were told, was no longer
distributed.
The following are notes from a Casualty Assistance Calls Officer
with whom I am familiar. His insight, I feel, will be useful in gaining
a more detailed understanding of some frustrations CACOs experience and
lack of information flow.
casualty assistance program
1. The Casualty Assistance Program has grown in the USMC since
2002; however, the training is still limited. Normally, an Officer or
Staff Non-Commissioned Officer is assigned as a Unit CACO. Then, they
are required to go to a class that normally lasts 1 day. The class
consists of a long slide presentation and a question and answer period.
No Casualty Assistance Drills are completed and the CACO leaves the
training only somewhat prepared to support a surviving family or
spouse. With the recent deployment schedule, deploying units are
normally do not have the manpower to adequately handle the long-term
requirements most families and spouses would have for CACO support.
Currently, HQMC has a Casualty Support Division, but they also face the
same manpower issues that the Fleet Marine Force faces. Suggest
restructuring the Casualty Assistance Division by dividing the United
States into four sectors (N/S/E/W) to provide better support and
tracking. An office in each sector could provide more in depth classes
for the unit CACOs, better tracking for changes to benefits and more
complete followthrough on payment of all benefits.
2. Changes in Survivor Benefits occur very often and the units are
sometimes unaware. A good example is the Death Gratuity, which was
increased to from $6,000 to $12,000. There needs to be some process
involved that identifies when changes in Survivor Benefits occurs and
then notifies the families affected by the change. Again, this needs to
be handled by an office that has the sole responsibility of supporting
Next of Kin. Normally, Marines within units PCS every 3 years or they
are deploying and cannot completely focus on the needs of the Next of
Kin. Surviving families need to be a priority for the USMC.
3. Newly approved campaign medals are normally not presented to
surviving families in the proper manner. Mailing the medals should not
be an option. Men and women sacrificed their lives for these medals and
in their honor medals should be hand delivered. This shows the most
respect for the servicemember's honorable service. This may be
difficult to coordinate, but a phone call and a little effort the
families will be very appreciative.
4. The military draws a line between who the squadron should be
working with in terms of Casualty Assistance. For example, the squadron
chose to work directly with you and really did not contact Betty. She
did have a CACO in South Carolina, but those CACOs normally follow the
process and then lose contact. This seems like a cold process and it
is. There has got to be a better way to do this. Also, in Mary Ellen's
case, Beverly was very upset with the squadron, since most of our
contact was with Mary Ellen rather that her. Our guidance was to focus
on spouses rather than parents.
5. Some of the rules that we are required to follow make little
sense. For example, if a widow would have had her husband's funeral
locally in San Diego, the USMC would not have paid for the
servicemember's parents to fly into San Diego. Since the widow would
have declined her option to fly to a funeral, the USMC would not pay
for any part of his family to fly in. I understand the USMC is trying
to avoid paying for aunts, uncles, etc. In this case, we are talking
about immediate family. We need to use more common sense in dealing
with next-of-kin. Some rules are too restrictive and they make the USMC
look bad.
6. Issues with housing. Surviving families are only given 6 months
to remain in Base Housing or they are paid 6 months of BAH. This is
another instance where we may need to use common sense. Especially when
dealing with children or exceptional family members. Sometimes putting
the 6 month restriction may require a family to move during the school
year. The children's lives are disrupted enough, now they will be taken
away from their friends. As a CACO, I felt at times we were forced to
pressure families to make tough decisions (i.e. Where to live the rest
of their lives?) within a 6 month period. Most surviving spouses were
still grieving after 6 months. Moving away from the unit support
structure is not always easy. Suggest possibly looking at each case
individually and doing away with the 6 month timeline. It is
unrealistic.
7. Military Pay. Immediately when the Personnel Casualty Report
(PCR) is released, the servicemember pay is stopped. These families are
normally asked to wait 2-3 months for their husband's back pay to be
paid in full. For example, Capt Dan McCollum's pay was stopped on 9 Jan
(when he died) when the PCR was sent to DFAS Kansas City. It wasn't
until late Feb-early March that a check was received for his back pay.
(Base Pay 1-9 Jan 02/Flight Pay/Imminent Danger Pay/Family Separation/
BAH) It is frustrating that the military immediately expects the
families to give up their monthly pay, but allow themselves 2-3 months
before they are expected to repay families.
overview of survivor benefits
Death Gratuity
<bullet> An immediate check will be issued by base disbursing
office for $12,000.
<bullet> Ensure tax preparer is aware that only one-half is
taxable, since disbursing reports that the entire $6,000 is taxable.
SGLI
<bullet> $250,000 life insurance policy. OSGLI Phone number (800)
419-1473
<bullet> Best option is lump-sum. SGLI is aware of this and they
are flexible in awarding the policy.
<bullet> Policy will be placed into a bank account and checks will
be forwarded to surviving beneficiary.
<bullet> Suggestion: Marines should consider more than one life
insurance policy. One should be for the purchase of a home. The second
policy should be used for monthly interest to complement other benefits
received.
<bullet> Ernst & Young counseling service can provide beneficial
guidance in how to handle the estate. Phone number (800) 425-4425.
Montgomey GI Bill
<bullet> If Marine participated in this program, all unused monies
will be refunded.
<bullet> Information on participation can be viewed on a Marine's
LES.
Arrears of Pay
<bullet> DFAS Kansas City will immediately stop a Marine's pay upon
receipt of the Personnel Casualty Report (PCR).
<bullet> Surviving families will receive all payments owed to them
once the figure is calculated by DFAS.
<bullet> This process normally takes 30 to 60 days. In some cases,
it may take longer.
<bullet> Payment includes travel claims, base pay, flight pay,
combat pay, etc--Payment is based on how many duty days elapsed since
last pay period.
Basic Allowance for Housing (BAH)
<bullet> Surviving families will receive a payment equaling their
spouse's monthly BAH rate multiplied by 6 months.
<bullet> Payment will enter checking account via direct deposit.
<bullet> If the surviving family resides in base housing, they will
be allowed to live there for 6 months rent-free. Extensions can be
granted on a case-by-case basis. Extensions will require a monthly
payment equal to the BAH rate.
Survivor Benefit Plan (SBP) and Dependency Indemnity Compensation (DIC)
<bullet> Recent Legislation was passed for all deceased Marines'
families to receive a SBP payment. Prior to this legislation, this
payment was only available for Marines that exceeded 20 years of
service upon death.
<bullet> SBP will pay 55 percent of 75 percent of the Marine's base
salary. (Confusing Calculation)
<bullet> This payment will be calculated by HQMC.
<bullet> Surviving families will also receive DIC. The Veteran's
Administration (VA) will complete all paperwork required for this
payment.
<bullet> Normally, their representative will meet surviving
families in their home to complete the paperwork.
<bullet> Spouses will receive approximately $1,000 and an
additional $234 will be paid per child monthly.
<bullet> SBP is rank dependant. DIC is not based on rank.
Burial/Memorial Benefits
<bullet> $1,750 will be paid by the Federal Government for primary
funeral expenses. This includes casket, preparation, and transport to
cemetery.
<bullet> Secondary expenses will also be paid by the Government.
$4,325--private cemetery or $3,000--national cemetery. Secondary
expenses include funeral home costs, hearse rental, burial plot, etc.
<bullet> Military Medical Support Office will normally pay the
funeral homes directly. Phone number (800) 876-1131 ext 644/645.
<bullet> Arlington Memorial services will allow for $600 in
additional expenses.
<bullet> Secondary expenses will normally not cover all expenses.
Headstones/Markers and Flag w/Case
<bullet> VA will provide a headstone and a flag with case at no
cost to surviving families.
<bullet> Delivery will take about 4-6 months.
<bullet> CACO will assist in completion of the forms.
Floral Tribute
<bullet> The Government will pay for a floral tribute for display
at the funeral service.
<bullet> Re-imbursement will be in the amount of $81.
Invitational Travel Orders
<bullet> The Government will pay for the immediate family (next-of-
kin) to travel to the burial service.
<bullet> If next-of-kin chooses not to fly to burial service (i.e.
burial is in the vicinity of surviving family's home); Government will
not pay for additional relatives to travel to burial.
<bullet> Payment includes airfare, 2 days per diem (covers hotel
costs), 2 days travel, and rental vehicle.
<bullet> HQMC will issue the orders.
TRICARE
<bullet> Surviving families will receive 3 years of medical care at
no cost. At the completion of the third year, surviving families will
be required to pay retiree benefit costs.
<bullet> Dental care will be for 3 years as well, if enrolled in
United Concordia. If not enrolled, surviving families can enroll in the
Retired Dental Program (RDP). They can provide coverage at the retiree
rate.
Personal Effects/Household Goods
<bullet> Traffic Management Office (TMO) will offer one move from
the surviving family's current location.
This outline is a very brief overview of all benefits. Marine Corps
Order (MCO) 3040.4 should be used to answer specific questions. In
addition, the Casualty Branch at HQMC can be reached at (703) 784-9512
for questions.
Chairman Craig. Bonnie, before I turn to you, we have been
joined by Senator John Thune. Senator Thune, do you wish to
make any opening comment?
STATEMENT OF HON. JOHN THUNE,
U.S. SENATOR FROM SOUTH DAKOTA
Senator Thune. Just simply that I appreciate you holding
the hearing on this very important subject and the testimony of
our distinguished panel today and look forward to hearing the
rest of the testimony and an opportunity to ask questions
later. Thank you.
Chairman Craig. John, thank you very much.
Now let us turn to Bonnie Carroll, Chairman of Tragedy
Assistance Program for Survivors. Bonnie, thank you for being
with us.
STATEMENT OF BONNIE CARROLL, CHAIRMAN, THE TRAGEDY ASSISTANCE
PROGRAM FOR SURVIVORS
Mrs. Carroll. Thank you, Mr. Chairman and distinguished
Members of the Committee. On behalf of TAPS and the families of
those who have died while serving in the Armed Forces, I am
honored to have this opportunity to speak about the care our
Nation provides its surviving families.
Ben Stein, a member of the TAPS Honorary Board, was to
testify before you today, but due to an illness sends his
apologies. He submitted a written statement, which I ask be
submitted for the record.
Chairman Craig. Without objection.
Mrs. Carroll. This week's BusinessWeek magazine pictures
Mr. Stein as the Yahoo.com ``know-it-all'' engine, and I have
to tell you that after reviewing the massive amount of briefing
materials I sent him in preparation for this hearing, he wrote
me and he said he was rethinking this dubious distinction.
[Laughter.]
Mrs. Carroll. For the past 11 years, TAPS has been a
sanctuary providing hope and healing for all those whose lives
have been forever changed by the death of their loved one who
served in the Armed Forces. Whether they are parents, children,
spouse or sibling, TAPS meets a critical need by offering a
national network of peers, the Good Grief Camp for young
survivors, casework assistance, bereavement and trauma
information and care, and crisis information, all available 24
hours a day, 7 days a week, at no charge to the family and at
no expense to the Government.
In partnership with our fellow veterans' service
organizations, the Gold Star Wives, Gold Star Mothers, National
Military Family Association, and the Society of Military
Widows, we meet the need of offering loving emotional support
services to all those grieving the death of a loved one who has
died serving in the Armed Forces.
We are grateful for the proposed increases in both the
death gratuity to $100,000 and the Servicemens' Group Life
Insurance benefits to $400,000. TAPS supports these proposals
and encourages that any increases be made equitably based on
the life and the service, not differentiating based on the
circumstances or geography of the death. A death in combat is
certainly tragic, but the loss to the military family is no
greater.
We are also grateful for your support of the grief and
trauma counseling now available to the surviving family members
of those killed in Iraq and Afghanistan through the Department
of Veterans Affairs Readjustment Counseling Service at 206
veterans' centers across America. This expanded eligibility was
granted in August 2003 by former VA Secretary Principi and in
conjunction with the emotional support services offered by
TAPS. It has had a tremendous impact on the ability of our
surviving families to cope and recover.
At the veterans' center, our families find comfort in their
local community and obtain counseling from trained therapists
who understand the complicating factors of loss in the
military. To date, the VA veterans' centers have seen 367
family members, with TAPS providing over a third of those
referrals.
As an example of this extraordinary program, just briefly,
a young woman whose husband was killed in Iraq by an IED called
TAPS, very concerned that her little 6-year-old son had been
unable to sleep through the night and was having horrible
nightmares, waking up screaming. He had visions of how his
father died and had seen these images on television. He feared
that his mother would also die, leaving him alone. TAPS
partnered this widow with a peer mentor, another young widow
who had faced a similar loss, and also arranged for this mom
and son to receive trauma counseling at their local veterans'
center.
The therapist, a former combat veteran himself, explained
to this little boy, man-to-little-man, what war is about, that
his father died in combat so that his family would be safe here
in America, and reassured him that nothing was going to happen
to him or his mom. After they talked and the counselor answered
all the little boy's questions with honesty, speaking both as a
counselor and a soldier, just like his dad, their precious
little boy has slept soundly through the night ever since.
I can think of no greater way to honor our fallen warriors
than by caring for their families on such a personal level, and
I thank the Committee for ensuring the veterans' center program
is fully supported.
From my years of speaking with surviving families, I have
repeatedly heard their gratitude for the honors given by our
Armed Forces, the support of the Military Casualty and Mortuary
Officers, and the compensation received. As the widow of a
soldier killed in the crash of an Army C-12 aircraft, I
remember all too clearly the day the Casualty Officer told me
that while he was unsure of the exact benefits, he was
confident that our family would be taken care of. This was a
relief at a time when our world seemed to be crashing around
us.
Complete, accurate information is so important at this
critical time, and for this reason, TAPS encourages the
Committee to examine all proposals that would enhance this
capability. A professional without the proper tools is ill-
equipped to do his or her job. To complement the assistance
provided by the Casualty and Mortuary Officers, the emotional
support services provided by TAPS, the counseling provided at
the veterans' centers, we encourage an examination of modern
technology-based tools and systems. While no amount of
compensation will bring back a loved one, we owe our surviving
families the peace of mind made possible when they receive the
very best information about the complex array of benefits due
them.
In closing, TAPS appreciates the dedication and commitment
of the distinguished Members of the Committee to protect,
defend, restore, and improve the benefits earned by those who
have served our Nation in peace and in war. Your actions on
behalf of today's military members serving at home and abroad
and on behalf of its future veterans will send a powerful
signal that their service is recognized and honored.
Thank you for the opportunity to submit testimony today.
Chairman Craig. Bonnie, thank you for that valuable
testimony.
[The prepared statements of Mr. Ben Stein and Mrs. Carroll
follow:]
Prepared Statement of Ben Stein, Honorary Board Member, TAPS
I apologize for not being able to be present today in person to
testify on behalf of TAPS, the national organization providing
compassionate care for our surviving military families, and on which I
am proud to serve as an Honorary Board Member. I injured my eardrum
badly during a flight last week and cannot fly for a while. As a part
time resident of Bonner County, Idaho, I look forward to meeting with
my home State Senator from Idaho to personally discuss these important
issues.
Perhaps the urgent necessity of making some order and sense about
the generous benefits allowed to the families of military men and women
killed while in the service can come from this example.
One of my best friends is Corporal John Quinones of Fort Hood,
Texas. He is 25 years old. He has been in the Army for 6 years. He is
in the ``2/7'' of the 1st Air Cavalry Division, which is to say, Second
Battalion, Seventh Brigade of the 1st Air Cav, which is famous for its
exploits in the la Drang Valley in Vietnam. In turn the 1st Air Cav is
part of the Third Army, which was the hammer with which George Patton
hammered the Third Reich.
When Cpl. Quinones goes out on patrol in Iraq--he has been in Iraq
for 19 months, following 6 months in Afghanistan--he goes out
unreservedly. He puts his life on the line every instant. He takes no
half measures. He carries with him an M-4 short stock assault rifle, a
Glock pistol, an M-79 grenade launcher, and a captured AK-47. He wears
more than 50 pounds of Kevlar body armor reinforced with steel plates.
He wears this in temperatures of close to 150 degrees. He is in
firefights and ambushes day after day. He has been hit by shrapnel
repeatedly and has serious scars behind his left ear and on his left
ankle.
The Army is his life. He does not ever want to leave it. He has no
hesitation at all about offering up everything he has every day during
his service in the Army. He never hedges about his commitment or tries
to avoid its most extreme exposure to risk.
Back at Ft. Hood, his wife Yeency--she is a native of EI Salvador--
cares for their two children, Samantha, one, and Christopher, two. She
is a beautiful, intelligent woman and a devoted mother. She knows very
little about laws and regulations and her command of English is not
perfect. She is 100 percent behind her husband and behind the Army.
Like all military wives, she is the true strength at home, the real
backbone of our military defense might.
I pray every night and every morning that nothing bad happens to
Cpl. Quinones. But if, God forbid, something did happen, Yeency and
Chris and Samantha would be entitled to a wide range of benefits a
grateful Nation owes to them. The Congress and the President have been
generous in this area and apparently plan to be even more generous.
But how would Yeency understand what all of her rights were? I am a
trained lawyer and economist for whom English is my native tongue. I am
bound to say I have difficulty in understanding everything that is
available, how it applies, what formulas kick in and how long payments
for various parts of the package--education, health care, payments for
foregone wages, would function. I have spent a good chunk of my life
writing about complex corporate transactions for Barron's and other
publications and even teaching law. But I still do not understand how
the whole benefits package for families of lost servicemen and women
works.
In addition to the loving support and care provided by TAPS and the
other veterans service organizations, there are tools such as the
Servicemembers Benefits Analysis Online that could immediately access
complete information on what every service family would be entitled to
if that dreaded knock on the door ever came. This information could be
made available to the families on a regular basis and they could be
briefed regularly on what was theirs after the burial of the man or
woman who was the center of their universe. This seems to me to be a
basic necessity for the DoD and the VA in their package of care for the
surviving family. I am not here to plead for more money for military
families today--although I do find it stunning that Cpl. Quinones risks
his life every day, in hardship conditions, for less than $1900 a
month, including combat pay. But that is for another day. What I do
want to emphasize is the urgent necessity of immediately communicating
to service families just what they are entitled to if their heart's
fondest ideal is taken from them.
They have already suffered a totally devastating loss. Let us
assuage it to the small extent we can by letting them know that their
grateful Nation will provide for them in a range of basic and advanced
areas of life. This is no more than simple decency for John and Yeency
and Chris and Samantha and the millions like them who defend this
glorious shining City on the Hill, this majestic America.
Respectfully submitted, Benjamin J. Stein, West Hollywood,
California, and Sandpoint and Priest Lake, Idaho.
__________
Prepared Statement of Bonnie Carroll, Chairman,
Tragedy Assistance Program for Survivors
Mister Chairman and distinguished Members of the Committee: On
behalf of TAPS, the Tragedy Assistance Program for Survivors, and the
families of those who have died while serving in the Armed Forces, I am
honored to have this opportunity to speak about the care our Nation
provides its surviving families.
Ben Stein, a member of the TAPS Honorary Board, was to testify
before you today, but due to an illness, sends his apologies. He has
submitted a written statement which I request be submitted to the
record.
The subject of today's hearing references the words of President
Abraham Lincoln, which are inscribed on the front of the Department of
Veterans Affairs building: ``. . . Caring for he who shall have borne
the battle, and his widow and his orphan.'' When a servicemember joins
the military community, not only does the member become part of a
larger whole, but so does his family. If he is killed, the grieving
widow thus loses twice: her immediate loss of life partner, but also
the extended military family and way of life which she and her partner
have shared, regardless of the circumstances surrounding the death,
whether in combat or in a peacetime duty status.
For the past 11 years, TAPS has been a sanctuary providing hope and
healing for all those whose lives have been forever changed by the
death of their loved one who served in the armed forces. Whether they
are parents, children, spouse or sibling, TAPS meets a critical need by
offering a national network of peers, the Good Grief Camp for Young
Survivors, case work assistance, bereavement and trauma information and
care, and crisis intervention, all available 24 hours a day, 7 days a
week, at no charge to the family and at no expense to the Government.
In partnership with our fellow Veterans Service Organizations--the Gold
Star Wives, Gold Star Mothers, Society of Military Widows, National
Military Family Association, and others--we meet the need of offering
loving emotional support services to all those grieving the death of
their loved one in the armed forces.
We are grateful for the proposed increases in both the Death
Gratuity, to $100,000, and the Serviceman's Group Life Insurance
benefits, to $400,000. TAPS supports these proposals, and encourages
any increases be made equitably based on the life and service, not
differentiating based on the circumstances or geography of the death. A
death in combat is certainly tragic, but the loss to the military
family is no greater.
We are also grateful for your support of the grief and trauma
counseling now available to the surviving family members of those
killed in Iraq and Afghanistan through the Department of Veterans
Affairs Readjustment Counseling Service at the 206 Vet Centers across
America.
This expanded eligibility was granted in August 2003 by former VA
Secretary Principi, and, in conjunction with the emotional support
services offered by TAPS, has had a tremendous impact on the ability of
our surviving military families to cope and recover. At the Vet Center,
our families find comfort in their local community, and obtain
counseling from trained therapists who understand the complicating
factors of loss in the military. To date, the VA Vet Centers have seen
367 family members, with TAPS providing over a third of those
referrals.
As an example of this extraordinary program, a young widow whose
husband was killed in Iraq by an IED, called TAPS very concerned that
her 6-year-old son was having horrible nightmares and unable to sleep
through the night. He had visions of how his father died, from seeing
images of the war in Iraq on television. And he feared that his mother
would also die, leaving him all alone. TAPS partnered this widow with a
peer mentor, another young widow who had faced a similar loss, and also
arranged for this mom and son to receive trauma counseling at their
local Vet Center. The therapist, a former combat vet himself, explained
to this little boy, man-to-little-man, what war is about, that his
father died in combat so that his family would be safe here in America,
and reassured him that nothing was going to happen to him or his mom.
They talked for an hour, and the counselor answered all the little
boy's questions with honesty, speaking both as a counselor and a
soldier, just like his dad. That precious little boy has slept soundly
through the night ever since. I can think of no greater way to honor
our fallen warriors than by caring for their families on such a
personal level, and I again thank the Committee for ensuring the Vet
Center program is fully supported.
From my years of speaking with surviving families, I have
repeatedly heard their gratitude for the honors given by our armed
forces, the support of the military casualty and mortuary officers, and
the compensation received. As the widow of a soldier killed in the
crash of an Army C-12 aircraft in Alaska, I remember all too clearly
the day the casualty officer told me that while he was unsure of all
the exact benefits, he was confident that our family would be taken
care of. This was a relief at a time when our world seemed to be
crashing around us. Complete, accurate information is so important at
this critical time, and for this reason, TAPS encourages the Committee
to examine all proposals that would enhance this capability.
In 2001, TAPS was present at the Pentagon Family Assistance Center
caring for the surviving families and witnessed first hand the
capabilities of the Service Members Benefits Analysis Online
(SMBAOnline), a tool that enabled the families of those military
members killed in the Pentagon on September 11th to immediately see the
full picture of the lifetime benefits available to them through the
Death Gratuity, DoD Survivor Benefit Plan, the VA Dependency and
Indemnity Compensation, Social Security, last pay and allowances,
burial benefit, and the Dependent's Education Assistance, including a
full calculation of offsets, inflation and options specific to their
individual cases.
A professional without the proper tools is ill-equipped to do his
or her job. To complement the assistance provided by the Casualty and
Mortuary Officers, the emotional support services offered by TAPS, and
the counseling provided by the Vet Centers, we encourage an examination
of modern technology-based tools and systems.
This investment in training and tools would also help to educate
the public and to correct much of the rampant misinformation. For
example, and unfortunately, some senior officials in both the Executive
and Legislative Branches share the misimpression that the only benefit
provided to the surviving families is a ``paltry $12,000 death
gratuity.'' Testimony presented by senior DoD and VA officials on
Tuesday to the Senate Armed Services Committee made tremendous strides
in correcting these misunderstandings and in removing the inference
that the current death gratuity is the sole compensation given by a
grateful Nation. Examples of a full survivor benefits analysis,
including lifetime benefits available from the Department of Veterans
Affairs, Department of Defense, Social Security Administration,
Serviceman's Group Life Insurance, Veterans Education Assistance, and
other agencies, are included in my written statement, which I submit
for the record.
No amount of compensation will bring back a loved one, but we owe
our surviving families the peace of mind made possible when they
receive the very best information about the complex array of benefits
due them. TAPS recommends that the Congress include in the proposed
legislation for increased financial benefits the mandate for the
Service Members Benefits Analysis Online. Complementing our support of
trained casualty assistance professionals, the concepts comprising this
tool would make possible an immediate, accurate, consolidated summary
of individual benefits due a surviving family. This expenditure will be
a sound investment of the public money, and truly do what the deceased
warrior would most want for his family--give peace of mind regarding
their financial security.
TAPS appreciates the dedication and commitment of the distinguished
Members of the Committee to protect, defend, restore, and improve the
benefits earned by those who have served our Nation in peace and war.
Your actions on behalf of today's military members serving at home
and abroad, and on behalf of its future veterans, will send a powerful
signal that their service is recognized and honored. Thank you for the
opportunity to submit testimony on behalf of the surviving families of
TAPS.
appendix a
Three examples of total benefits for surviving families of varying
rank:
A widow with two children of a Marine Captain (0-3), with 6 years
of service, who died on active duty today receives:
<bullet> Annual payment first year (adjusted annually)=$58,920
($4,910 per month). (Payments decrease as children grow up and leave
home.)
<bullet> Lifetime cumulative benefit payments (unremarried widow's
life expectancy 75; assumed inflation 3 percent per year)=$3,227,364.
<bullet> Immediate benefits to the widow, including insurance
(Death Gratuity of $12,420 plus Serviceman's Group Life Insurance of
$250,000 and $255 Social Security Death Benefit)=$262,675.
<bullet> Education benefits for the widow and children (current
value)=$108,405.
<bullet> Total lifetime benefit package for widow of captain with 2
children: $3,598,444.
A widow with three children of a Navy Petty Officer (E-6), with 12
years of service, who died on active duty, receives:
<bullet> Annual payment first year (adjusted annually)=$58,488
($4,874 per month). (Payments decrease as children grow up and leave
home.)
<bullet> Lifetime cumulative benefit of payments (unremarried life
expectancy 74; assumed inflation 3 percent per year)=$1,975,087.
<bullet> Immediate benefits to the widow, including insurance
(Death Gratuity of $12,420 plus Serviceman's Group Life Insurance of
$250,000 and $255 Social Security Death Benefit)=$262,675.
<bullet> Education benefits to widow and children (current
value)=$220,565.
<bullet> Total lifetime benefit package for widow of petty officer
with 3 children: $2,458,327.
A widow w/o children of an Army Corporal (E-4) with 3 years of
service who died on active duty receives:
<bullet> Annual payment first year (adjusted annually)=$11,916
($993 per month).
<bullet> Lifetime cumulative benefit of payments (life expectancy
71; assumed inflation 3 percent per year)=$1,688,220.
<bullet> Immediate benefits to the widow, including insurance
(Death Gratuity of $12,420 plus Serviceman's Group Life Insurance of
$250,000 and $255 Social Security Death Benefit)=$262,675.
<bullet> Education benefits for the widow (current value)=$36,135.
<bullet> Total lifetime benefit package for widow of corporal
without children: $1,987,030.
Chairman Craig. Now let us turn to Edith Smith, Member,
Legislative Committee, Gold Star Wives of America. Edith,
welcome to the Committee.
STATEMENT OF EDITH G. SMITH, MEMBER, LEGISLATIVE COMMITTEE,
GOLD STAR WIVES OF AMERICA
Mrs. Smith. Mr. Chairman, Senator Akaka, and distinguished
Committee Members, the Gold Star Wives of America appreciates
the opportunity to participate in this hearing to examine the
benefits and quality of services provided to the surviving
spouses and children of those who die in the line of duty.
I would like to mention that Rose Lee, our National
Legislative Chairman, is here today, well known to your
Committee, as she has worked for 27 years on issues affecting
the Gold Star Wives.
I am the widow of a 100-percent service-connected disabled
retired Marine who died in 1998, and therefore, I am presenting
the testimony as it affects the disabled.
Gold Star Wives collected letters that we have brought
today from our members expressing their views to the Committee
about their situations. Our newer widows have expressed, for
the most part, great appreciation for the Casualty Assistance
Officer as a person. Many have noted serious frustrations with
the system, stemming from a lack of formal training by the
military services. It appears to us that the officers' sources
for accurate information are very fragmented.
In order to solve this problem and provide our widows with
up-to-date uniform benefit information from three Departments
of the Government, we suggest the use of the Armed Forces
Services Corporation, who has a unique computer software
program, to support the Casualty Assistance Officer in helping
the surviving spouse and family to present this accurate
information. This organization has already demonstrated their
successful program when they responded to DoD's request to
provide survivor assistance following the 9/11 tragedy.
We believe the purposes of the military survivor benefits
appear to have been lost. We are very appreciative of the
Dependency and Indemnity Compensation established in 1957, paid
to the surviving spouse and children by the Veterans
Administration as indemnification for the active duty and
service-connected death.
In January of 1993, legislation substantially changed the
nature of the DIC program to provide a uniform indemnity
payment, cutting the support payments related to military rank.
The Department of Defense established the current survivor
benefit program in 1972 to assure that surviving dependents of
military personnel who die following retirement that they would
continue to receive 55 percent of retired pay. More than
200,000 military widows are recipients of this benefit without
offset.
We believe the Gold Star Wives are entitled to be included
in the survivor benefits program provided to all other military
widows by DoD. It is a purchased benefit of retirement. The
cost burden of survivor benefits is then appropriately shared
by both the military services, the employer, and the Veterans'
Administration with the indemnity payment. Gold Star Wives
supports one death benefit paid for all active duty deaths.
While the cause of death may be an accident or in a different
location, the grief and financial needs of our Gold Star Wives
and their children are all similar.
There is legislation proposed that would provide
Government-funded benefits to surviving families who, before
the death, were not financially dependent on the fallen
soldier. We are concerned that these same benefits will be
denied to surviving spouses and children who were financially
dependent on their fallen soldier.
We were asked to comment on death benefits provided to
survivors of the catastrophically disabled retiree. Too many
soldiers in this war have horrible permanent injuries. All
deaths within 120 days following retirement are provided the
benefits of active duty deaths. The disparity in survivor
benefits comes after this period. These families face very
difficult challenges that most of us cannot even begin to
imagine.
We have identified the following differences in death
benefits for the retired catastrophically disabled soldiers as
best we could. First, there is no Casualty Assistance Officer
for retirees. There is no death gratuity. The VA burial
allowance drops to $2,000 and falls far short of the military's
allowance of $6,900 for active duty deaths. It is sad to note
that these families of the catastrophically disabled will pay
to bury their own.
VA's special compensation for these retirees can be up to
$6,700 monthly. The amount of indemnity compensation paid to
his surviving spouse comes to about 15 percent of that amount.
The surviving spouse of a 100 percent disabled receives 41
percent with the DIC payment equally provided to all at $933.
My husband lived more than 8 years with a 100 percent
disability, so I receive an additional $213 for helping to
provide his care. Soldiers who suffer the most may not live the
5 years required for their survivors to receive this additional
payment.
The Servicemembers' Group Life Insurance must be converted
to the Veterans' Group Life Insurance within a short time. The
higher cost VGLI is a term insurance, with premiums actuarially
increased by age, possibly unsubsidized by the Government, and
there is no waiver of premium for permanent disability.
DIC eligibility is not automatic. The cause of death must
be service-related or live 10 years with the disability. We
believe it is prudent to purchase the military's SBP with a
cost of 6.5 percent of his retired pay to assure the surviving
spouse, who has placed her career on hold, a minimum guaranteed
income.
Surviving family members of retirees are not eligible for
the 3-year continuation of active duty medical and dental
benefits. This loss is especially devastating to surviving
special needs children.
Gold Star Wives asks that the Committee keep these concerns
in mind when you are working to improve survivor benefits. We
thank you and we are very happy to answer your questions.
Chairman Craig. Edith, thank you very much for that very
comprehensive view of a different but very important type of
situation.
[The prepared statement of Mrs. Smith follows:]
Prepared Statement of Edith G. Smith, Member, Legislative Committee,
Gold Star Wives of America
``With malice toward none; with charity for all; with firmness in
the right, as God gives us to see right, let us strive to finish the
work we are in; to bind up the Nation's wounds; To care for him who has
borne the battle, his widow and his orphan.''--President Abraham
Lincoln, Second Inaugural Address, March 4, 1865.
Mr. Chairman, Senator Akaka, and distinguished Committee Members,
The Gold Star Wives of America appreciates the opportunity to
participate in this hearing to examine the survivor benefits and the
quality of services provided to the family members of those who die in
line of duty. Please accept our full statement for the record. My name
is Edith Smith and I am the widow of a service connected disabled
retired Marine.
The new members of Gold Star Wives, represented by our widows here
today, have expressed frustration in their letters to you with the
present system of Casualty Assistance as well as unanticipated bills
they have received for the funerals of their ``Fallen Hero.'' The
Casualty Assistance Officer does not receive training for this duty and
their prior knowledge of survivor benefits are generally poor. However,
our members do express great appreciation for the officers themselves.
In order to have some uniform information in DoD's Casualty Assistance
program, we would like to acquaint you with the Armed Forces Services
Corporation, formerly the benefit department of ``Army Air Force Mutual
Aid Association'' at Ft Myer, Va. This group serves as a lifetime
casualty assistance office with its unique computer program to project
the family's financial future of integrated Government survivor
benefits from three main sources. They notify their members of all
changes to these benefits and assist the surviving spouse in applying
for those benefits. Gold Star Wives suggest that Armed Forces Services
Corporation be contracted to provide the uniform benefit information to
the Casualty Assistance Officer who will continue to represent the
Military service and assist the family.
Gold Star Wives thanks the Members of the Senate for seeking ways
to improve survivor benefits for family members of this war. We are
firm in our belief that ``one death, one benefit'' should be provided
to all surviving spouses of active duty deaths regardless of the cause
or place of death. Gold Star Wives is confused to learn that some
legislation that would provide more generous survivor benefits to
family members who had not been financially dependent on the fallen
soldier while denying these same benefits to a financially dependent
surviving family of the soldier killed in a ``friendly fire'' accident
in a different location or severly disabled from Iraq.
Gold Star Wives were not included in the legislation last year to
which improved the survivor benefit payment. My husband paid for me to
have the SBP benefit for 18 years before his death. Were he alive
today, our family income would have the disabled retirees offset now
eliminated, or if I remarried, my SBP eligibility would be restored. We
military widows should not be excluded from the traditional spousal
survivor benefit of the Department of Defense.
Gold Star Wives believe the purposes of the SBP and DIC
Compensation have been lost. Military widows want the dignity of
receiving work related survivor benefits from our husband's employer.
We are appreciative of the Indemnity Compensation paid by the Veterans
Administration in recognition of their heroic military service and our
great sacrifice.
Gold Star Wives was asked to focus our remarks on the death
benefits provided to survivors of the catastrophically disabled
retiree. Too many soldiers in this war have horrible permanent injuries
caused by ``Improvised Explosive Devices.'' My own awareness of this
often overlooked group rises from my role as the widow of a retired 100
percent disabled Marine who died in 1998.
Deaths within 120 days of retirement receive the same benefits and
services provided for an Active Duty Death.
The disparities in survivor benefits for the catastrophically
disabled arise after 120 days. These families must rise to very
difficult challenges that most of us can't begin to imagine. The
disparities in death benefits that Gold Star Wives have identified are:
<bullet> No death gratuity.
<bullet> VA Burial allowance for service connected deaths of $2,000
plus mileage falls far short of the military's $6900 allowance. It is
sad to know these families will pay to bury their own.
<bullet> VA's ``special compensation'' disabled retirees receive up
to $6,709; the surviving spouse receives $993; that is 15 percent of
the family income. The surviving spouse of a 100 percent disabled also
receives same indemnity compensation of $993; or 41 percent. My husband
lived more than 8 years with a 100 percent disability, so I received an
additional $213 DIC for assisting with his care. Soldiers who suffer
the most may not live 5 years for their surviving spouse to qualify for
this extra $213.
<bullet> Casualty Assistance Officers not mandated for retired
survivors.
<bullet> Life Insurance: the Serviceman's Group Life Insurance must
be converted to the Veterans' Group Life Insurance within a short time.
The higher cost VGLI is a term insurance with premiums actually
increased by age, unsubsidized by the Government, and with no waiver of
premium for permanent disability.
<bullet> DIC eligibility is not automatic; cause of death must be
service related or live 10 years with the disability. It becomes
prudent for the retiree to purchase the military's Survivor Benefit
Plan with a cost of 6\1/2\ percent of retired pay to assure his
survivor, who has placed her career on hold, of a guaranteed income.
<bullet> Surviving family members of retirees are not eligible for
3-year continuation of active duty medical and dental benefits.
Gold Star Wives suggests that the Committee restructure survivor
benefits for surviving family members of the catastrophically disabled.
who we are
Gold Star Wives of America, Inc., is a Congressionally chartered
service organization comprised of surviving spouses of military
servicemembers who died while on active duty or as a result of a
service-connected disability. Many of our membership of over 10,000 are
the widows of servicemembers who were killed in combat during World War
II, the Korean War, the Vietnam War and all those military operations
up to today's in Iraq and Afghanistan. Almost all of our members are
receiving Dependency and Indemnity Compensation (DIC) from the
Department of Veterans Affairs (VA). Gold Star Wives has been working
on Capitol Hill to help maintain survivors benefits since it was
founded in 1945. Today, we continue to fight to maintain those benefits
for not only our members, but also for the over 330,000 survivors
receiving DIC.
Gold Star Wives has a long history of performing volunteer
community service as well as volunteer work in our Nation's Veterans
Hospitals and many other places where they are needed. During 2003, 119
of our members volunteered in 49 Veterans Affairs Volunteer Service
(VAVS) accredited Hospitals and Medical Centers. Gold Star Wives
volunteered at Veterans Hospitals and Medical Centers 11,537 hours
valued at $59,416, drove more than 23,866 miles valued at $3,341, and
donated over $27,000 in cash and goods. We are currently members of the
National VAVS Committee.
The National Legislative Committee of The Gold Star Wives of
America is composed of volunteer members. The Committee includes:
<bullet> Rose Lee, Chairman, of Arlington, Virginia; widow of U.S.
Army active duty death; Korean War, Vietnam War;
<bullet> Margaret Murphy Peterson of Remsen, New York; widow of
KIA; U.S. Army, Vietnam War;
<bullet> Penny Splinter of Dubuque, Iowa; widow of KIA, Operation
Iraqi Freedom;
<bullet> Edith Smith, of Springfield, Virginia; widow of retired
disabled Marine, Vietnam War;
<bullet> John Brennan, is our paid Washington Government Relations
Representative.
survivors' legislative highlights in 108th congress
Gold Star Wives worked closely with the Senate Committee on
Veterans' Affairs in the 108th Congress to pass legislation that has
improved military survivors' benefits. We have always found both
Majority and the Minority Committee staff members to work in a bi-
partisan and collaborative manner. They have always responded promptly
to our requests for information, as well as meetings to discuss our
legislative concerns and priorities. Consequently, Gold Star Wives
would like to express our gratitude for their efforts in working to
improve survivors' benefits during the 108th Congress.
Specific survivors' legislative highlights in the 108th Congress
include:
<bullet> The Veterans Improvement Act of 2004 (P.L. 108-352)
<bullet> Increases survivors' DIC benefits by $250 per month during
the 2-year period following the death of a veteran to further ease the
transition of surviving spouses with dependent children;
<bullet> Allows a remarried spouse to be buried in a national
cemetery with his or her deceased veteran-spouse and without permission
from his or her subsequent husband or wife;
<bullet> Provides for a 10-year extension of delimiting period for
Survivors' and Dependents' Educational Assistance (DEA) for spouses of
active duty deaths who are now in their first 10-year period of
eligibility;
<bullet> The Veterans Benefits Act of 2003 (P.L.108-183)
<bullet> Includes a provision that permits surviving spouses who
remarry after attaining age 57 to retain their VA survivors' benefits.
Included in that law was a provision that provides for a one-year
period to apply for reinstatement that expired on December 15, 2004,
for those who remarried before the law was signed on December 16, 2003.
According to the VA, as of last October, 5794 survivors have applied
for reinstatement out of more than 32,000 eligible survivors.
Consequently, it does not appear that many were aware of their
eligibility to be reinstated. So, we would ask that the law be amended
to include those survivors over age 55 as the original legislation
requested and to enable those survivors who may not be aware of the
legislation to become re-enrolled;
<bullet> Increases the rate of monthly Survivors' and Dependents'
Education Assistance (DEA) benefits for full time students from $695 to
$788 for 45 months (the current full time student rate is $803 per
month);
<bullet> Provides for the end the offset of the Survivors Benefit
Plan (SBP) payments by DIC payments for survivors who remarry after the
age of 57. However, The Department of Defense is refusing to recognize
this law and is now seeking to recover payments of the SBP benefits
made to survivors who are legally eligible to receive both payments. We
would request that the Committee help us with this unfair
interpretation of the law.
current survivors' benefits monthly compensation
<bullet> The VA's Dependency and Indemnity Compensation (DIC)
DIC is monthly compensation of $993 paid as indemnity to
servicemember's surviving spouse. However, this amount is only 41
percent of the $2429 paid monthly to the family of a veteran who is 100
percent disabled as a result of a service connected injury.
Additionally, the DIC monthly payment of $993 is only 15 percent of the
$6709 monthly payment paid to the catastrophically disabled veteran.
Consequently, upon the death of a veteran of a service-connected injury
who falls into either disability category, the veteran's family suffers
a substantial unanticipated monthly financial setback.
<bullet> The DoD's Survivor Benefit Plan (SBP)
SBP originally was a military retiree's purchased benefit plan that
assures a surviving spouse a monthly payment of 55 percent of the
monthly retirement check. It was expanded in the 108th Congress to
include all line of duty deaths without the requirement of 20 years of
active duty service after September 10, 2001. However, with the SBP
reduced by DIC, practically all active duty deaths result in the
survivor receiving only a DIC payment. After November 24, 2003, the
Operation Iraqi Freedom survivors have the option to elect the child
only SBP. In that case, the SBP benefit is provided to the child
without offset of DIC. A sad consequence of the SBP child option is
that the survivor who becomes the primary provider for the family, is
forced to forego their intended survivor benefit and transfer it for a
current income at the unjust loss of a lifetime benefit intended for
surviving spouses. No living military retiree is forced to make this
option at retirement. We therefore suggest that survivor benefit
options provided to the living servicemember should be provided in a
similar and equal manner to the deceased member's family. If a divorced
spouse is able to obtain SBP benefits for herself as a divorce
settlement without offset of any other income, we ask why the survivor
cannot be afforded this same benefit as a consequence of their active
duty/retired spouse's death?
It is extremely hard to understand, from our survivor's
perspective, why two wives of one retiree could possibly collect each
survivor benefit without offset. Children can collect each benefit
without offset, and their years of SBP payments would be longer than
the average 7 years a military survivor is expected to live and collect
SBP. Another sad result of the child option is that children who are
ages 18-23 and in school are paid directly rather than to the surviving
parent. Consequently, the survivor has no legal say over this money and
it is possible that this dependent child in college could have an
income of some $2,000 per month resulting in a loss of potential
scholarship and the unusual situation of an unearned income provided
directly to the surviving ``child.''
recommendations
<bullet> Ending the SBP/DIC offset
A servicemember receiving or entitled to receive retirement pay may
participate in the Survivor Benefit Plan (SBP) to ensure a survivor
will have some income in the event of their spouse's death. However,
for those retired servicemembers who die as a result of a service-
connected disability and therefore entitling their survivor to become
eligible for DIC, the survivor's SBP will then be offset dollar-for-
dollar by their DIC.
This patently unfair offset currently affects approximately 52,000
survivors who are dually eligible for both SBP and DIC. While DIC is
non-taxable income and SBP is taxable, survivors of these disabled
retirees see little or no SBP funds despite having paid monthly
premiums equal to 6.5 per cent of their retired pay; adding up to
thousands of dollars over the years. As a consolation for having made
these payments, the accumulated premiums are returned to them without
interest. This lump sum refund then becomes a taxable event for the
survivor. Unfortunately, there was very little tax advantage for the
disabled retiree when paying SBP premiums because his income was
predominately non-taxable. Consequently, there is no real advantage to
SBP for this group of survivors and, in fact, it becomes an unjust
survivor's burden. There is a great deal of resentment by some
survivors who see that the Federal Government is collecting taxes on
refunded SBP contributions for which they gained nothing financially.
The net effect of their monthly premium payments is that the retired
disabled veteran's survivor pays taxes for having given the Federal
Government a tax-free loan.
There is no civilian employer that would be permitted to return
many years of survivorship premiums, without interest, should it chose
not to pay purchased benefits. Yet, under current law the survivor of a
military retiree is denied participation in a cost-sharing benefit that
was meant to protect them. Again, had the disabled servicemember
retired from Federal Civil Service, the survivor would be entitled to
both the Civil Service survivor benefit and DIC, with no offset.
Many SBP/DIC survivors have spent more than 20 years sacrificing
and supporting their spouse's military career and then years taking
care of them during their years of disability. Retired pay represents
deferred compensation for the 20 or more years of military service and
disability pay is designed to compensate for a veteran's reduction in
quality of life and lost future earnings as a result of his sacrifice
for his country. Just as the disabled military retirees are now
entitled to both benefits, so should their survivors. Many survivors
are in their 50s or older and have not had the opportunity to develop
their own careers. The DIC attempts to indemnify them for the loss of a
spouse's life and an element of support for their future. The SBP
represents completely different income that they have paid for and made
a life of sacrifices for like multiple deployments, constant anxiety
about their spouse's well being, frequent moves, and no real chance to
invest in a pension of their own.
<bullet> Better training for the Casualty Assistance Officers
(CAOs)
We raise this issue as we have heard many instances of problems
that the new survivors of the conflicts in Iraq and Afghanistan have
experienced. For most survivors, the death of their spouse is the most
catastrophic event of their lives. Many are literally in shock for many
months and are unable to cope with the financial decisions and
bureaucratic tangles that a survivor encounters. The CAOs are
unfortunately not now adequately trained, nor are any assigned to such
duty full time. Yet, they must try to help survivors go through the
maze of the VA and DoD benefits. CAOs can not provide the kind of
counseling, both grief counseling and financial counseling necessary to
meet the needs of a military survivor. There currently is a little
guidance for the CAOs. Without training or some DoD/VA/SS integrated
brochures, survivors are without proper counseling and guidance at a
critical time in their lives. All of the services should have
standardized guides.
A suggested solution to provide uniform and accurate information to
all survivors would be for DoD to contract with the Armed Forces
Services Corporation (AFSC). AFSC specializes in Government survivor
benefits and is renowned for its expertise, outstanding service, and
its unique computer program that projects the family's future
integrated stream of Government survivor benefits and changes that
occur to those amounts due to changing ages of the spouse and children.
They serve as a lifetime casualty assistance office keeping their
members informed of legislative changes that may affect the family's
survivor benefits and assist the surviving spouse in applying for those
benefits. AFSC assists the surviving spouse in dealing with the
Department of Defense, Survivor Benefit Plan, Department of Veterans
Affairs, and the Social Security Administration.
<bullet> Improved Up-Front Information Needed for Survivors'
Decisions
Survivors need to know up front the following information:
<bullet> Upon remarriage survivors are subject to the following
change in benefits:
<bullet> Loss of their military ID card and consequent loss of base
privileges including Exchange and Commissary, MWR, and military medical
benefits;
<bullet> Their medical benefits can go from TRICARE to CHAMPVA.
<bullet> Military survivors who work for the Federal Government can
be barred from receiving their spouse's Social Security benefit;
<bullet> Those not enrolled in Medicare Part B are not eligible for
CHAMPVA. The waiver of penalties and interest assessed for late
enrollment has been fixed legislatively for TRICARE but not for
CHAMPVA. Gold Star Wives would like to respectfully suggest that the
plain language of Title 38, Section 1713 gives these CHAMPVA widows the
same or similar benefits as TRICARE survivors. We are told that about
60-100 disabled widows may be suffering a loss of medical care because
they were unaware of the mandated requirement to purchase Medicare Part
B as an additional condition to their eligibility for CHAMPVA. We ask
the Committee to inquire as to the welfare of these widows.
<bullet> The Creation of a Survivors' Office Within the Department
of Veterans Affairs and/or the Department of Defense
There currently is no central focus or location within either the
VA or DoD that a survivor or family member can go to with questions or
concerns about their benefits. The VA's regional offices are woefully
inadequate at providing information concerning survivors' benefits. DoD
likewise has no central location for the new survivor to turn to should
their CAO be without such information. There is virtually no
coordination between DoD and VA that survivors can count on.
Consequently, there is a need for a Survivors' Office that can carry
out these critical functions from a central location.
<bullet> Future Changes in Survivors' Benefits
There are several bills being introduced concerning proposed
changes to survivors' benefits, including an increase in the death
gratuity from $12,000 to $100,000 and to increase life insurance. We
strongly recommend that any changes made to survivors' benefits should
not differentiate between active duty deaths and killed in action
deaths. Survivors of servicemembers who die on active duty have very
similar experiences and needs following their loss. Also, insurance
proceeds should go to the servicemember's surviving spouse and any
children, rather to other family members who may not be dependents.
Chairman Craig. Now let us turn to Kathleen Moakler, Deputy
Director, Government Relations Department, National Military
Family Association.
Kathleen.
STATEMENT OF KATHLEEN B. MOAKLER, DEPUTY DIRECTOR, GOVERNMENT
RELATIONS, NATIONAL MILITARY FAMILY
ASSOCIATION
Mrs. Moakler. Chairman Craig, Senator Akaka, and
distinguished Members of the Committee, the National Military
Family Association is grateful for the opportunity to present
testimony about the needs of the surviving families of
servicemembers killed on active duty.
NMFA believes the focus should be on the total package of
benefits available for them, immediately and for the long term.
NMFA strongly believes that all servicemembers' deaths should
be treated equally. Servicemembers are on duty 24 hours a day,
7 days a week, 365 days a year.
We make the following recommendations. We recommend that
the Dependency and Indemnity Compensation offset to the
survivor benefit plan be eliminated. Doing so would recognize
the length of commitment and service of the career
servicemember and family.
That any funding for the death gratuity be applied to
increase it across the board for all active duty deaths.
That spouses be involved in the decision process if the
servicemember elects to opt out of the Service Members' Group
Life Insurance. We also suggest a trigger mechanism to prompt
the servicemember to update survivor information when family
status changes. NMFA also recommends that proposals to increase
SGLI coverage be designed to ensure that the servicemember
takes the maximum amount and that the maximum coverage be
available to all servicemembers on active duty.
The surviving family is presented with a large up-front
payment of benefits. The management of that large sum of money
is a huge responsibility, especially if young children are
involved. The young widow with a toddler has too many immediate
concerns to think about the child's college education 15 years
from now. However, she will be looking one day for information
about those benefits. The surviving spouse needs information
unique to her family, not a cookie cutter, one-size-fits-all
answer. We echo support of the technology offered by the Armed
Forces Services Corporation as an already established way for
families to acquire this information.
NMFA recommends the establishment of a Survivor Office
within the VA to provide long-term information and support for
surviving spouses and children and offer individualized
information about each surviving family's benefit package. A
significant element of that support should be access to
professional financial counseling.
The loss of a loved one is a life-changing event. It
affects spouses, children, parents, and siblings. While we
understand veterans' centers are offering to provide grief
counseling, NMFA is concerned about the Department's current
capacity to provide that counseling for all who need it. NMFA
recommends that DoD and the VA identify the emotional needs of
surviving spouses and children, especially in the area of grief
counseling, and promote programs and initiatives to support
those needs.
Families greatly appreciate the presence of the Casualty
Assistance Officer, demonstrating to the family that we take
care of our own. NMFA recommends improved and consistent
training for the Casualty Assistance Officers and family
support providers so they can better support families in their
greatest time of need. It is only fair to families that they
have the best help available.
NMFA thanks this Committee for your attention to the well-
being of military families who have lost a loved one in service
to the Nation. Surviving families deserve the most
comprehensive package of benefits that a grateful Nation can
provide. It must meet families' short-term needs, provide for
their long-term financial stability, and recognize the
commitment, service, and sacrifice of the servicemember and
family. With this focus, a grateful Nation can continue to
fulfill the promise made to military families by President
Lincoln.
I stand ready to answer any questions you may have.
Chairman Craig. Kathleen, thank you very much.
[The prepared statement of Mrs. Moakler follows:]
Prepared Statement of Kathleen B. Moakler, Deputy Director, Government
Relations, National Military Family Association
The National Military Family Association (NMFA) is the only
national organization whose sole focus is the military family and whose
goal is to influence the development and implementation of policies
that will improve the lives of those family members. Our mission is to
serve the families of the seven uniformed services through education,
information and advocacy.
Founded in 1969 as the National Military Wives Association, NMFA is
a non-profit 501(c)(3) primarily volunteer organization. NMFA today
represents the interests of family members and the active duty,
National Guard, Reserve, and retired personnel of the Army, Navy, Air
Force, Marine Corps, Coast Guard, Public Health Service, and the
National Oceanic and Atmospheric Administration.
NMFA volunteer representatives in military communities worldwide
provide a direct link between military families and NMFA's staff in the
Nation's Capitol. Representatives are the ``eyes and ears'' of NMFA,
bringing shared local concerns to national attention.
NMFA receives no Federal grants and has no Federal contracts.
NMFA's website is located at http://www.nmfa.org.
Kathleen B. Moakler, Deputy Director, Government Relations
Mrs. Moakler has been associated with the National Military Family
Association since 1995 as a member of the headquarters staff. She has
served as Legislative Administrative Assistant and Senior Issues
Specialist in the Government Relations Department, NMFA Office Manager,
and since June 2003, as the Deputy Director, Government Relations. Her
job requires a broad knowledge of the range of issues relevant to the
quality of life of the families of the seven uniformed services. Mrs.
Moakler represents the interest of military families on a variety of
advisory panels and working groups, including several committees of The
Military Coalition.
An Army spouse of over 28 years, Mrs. Moakler has served in various
volunteer leadership positions in civilian and military community
organizations in that time. Through the years, Mrs. Moakler has worked
with many military community programs including hospital consumer
boards, commanders' boards, family readiness groups, church councils,
youth programs, and the Army Family Action Plan at all levels. She
believes that communication is paramount in the efficient delivery of
services and the fostering of a rich community life for military
families. She holds a Bachelor of Science degree in Business
Administration from the State University of New York at Albany. Mrs.
Moakler has been awarded the Army Commanders Award for Public Service.
In addition to her work at NMFA, Mrs. Moakler participates as a
member of the Contemporary Choir at the Chapel at Fort Belvoir,
Virginia. She has a new role as a military mom. Her daughter is an Army
nurse recently returned from a year in Iraq and one son is an active
duty Army National Guard member involved in homeland defense in New
York. Her oldest son is an aspiring actor in Hollywood, California.
Mrs. Moakler and her husband, retired Colonel Martin W. Moakler Jr.,
reside in Alexandria, Virginia.
Mr. Chairman and distinguished Members of the Committee, the
National Military Family Association (NMFA) appreciates your interest
in military families, especially the survivors of those who have made
the ultimate sacrifice. NMFA is grateful for the opportunity to present
testimony about the needs of those families. We believe the focus
should be on the total package of benefits available for them,
immediately and for the long term.
NMFA thanks this Committee for the improvements to survivor
benefits passed in the Veterans Improvement Act of 2004 (P.L. 108-454),
including the increase to Dependency and Indemnity Compensation (DIC),
extension of education benefits from 10 to 20 years for the survivors
of those killed on active duty, and providing an additional $250
monthly to surviving spouses with children under the DIC program for a
2-year transition period. Each of these improvements enhances the
benefit package provided to the surviving families.
NMFA realizes that the usual focus of this Committee is on the
benefits provided to veterans and all survivors of those killed on
active duty or as a result of disabilities incurred as a result of
active duty service. We believe that the Government's obligation as
articulated by President Lincoln, ``to care for him who shall have
borne the battle and for his widow and his orphan,'' is as valid today
as it was at the end of the Civil War. The Committee's willingness to
provide a forum for discussion of all aspects of benefits for survivors
of active duty deaths serves an important purpose. As seen in media
reports and in questions we hear from military families and others
concerned about military families, NMFA believes there is a lot of
misinformation and confusion about what the complete benefit is for
those whose servicemembers have made the ultimate sacrifice. We know
that there is no way to compensate them for their loss, but we do owe
it to these families to help ensure a secure future.
NMFA strongly believes that all servicemembers deaths should be
treated equally. Servicemembers are on duty 24 hours a day, 7 days a
week, 365 days a year. Through their oath, each servicemember's
commitment is the same. The survivor benefit package should not create
inequities by awarding different benefits to families who lose a
servicemember in a hostile zone versus those who lose their loved one
in a training mission preparing for service in a hostile zone. To the
family, the loss is the same.
In this testimony, NMFA will focus on the survivor benefits package
as it pertains to the survivors of those killed in the line of duty
while serving on active duty including those eligible members of the
Guard and Reserve. A summary of the Federal benefits provided to
survivors is provided in Appendix 1.
concerns and recommendations
A scene is becoming all too common as America wages the global war
against terrorism. Brave servicemembers are sacrificing their lives in
service to their country. It may happen on a dusty battlefield or
village in Iraq or Afghanistan or may be the result of an unfortunate
helicopter crash at Fort Hood, Texas. While specifics vary by service,
the overall process is the same. The family is visited by the casualty
notification team consisting of the chaplain and a member of the
servicemember's unit. This family will never be the same again. A
casualty assistance officer is assigned to help the family cope with
the trying days ahead. Funeral arrangements are made. The memorial
service is conducted with military honors and the spouse is presented a
flag on behalf of a grateful Nation. The bugler blows Taps and the
family goes home.
The spouse encounters a confusing array of decisions that must be
made, the consequences of which will influence his or her life and the
lives of the children for years to come. What can be done to alleviate
the stress and confusion facing the family? What changes can be made to
the present package of benefits to recognize the service and sacrifice
of the servicemember and family and provide appropriate compensation
that promotes the financial stability of the family?
NMFA believes the benefit change that will provide the most
significant long term protection to the family's financial security
would be to end the Dependency Indemnity Compensation (DIC) offset to
the Survivor Benefit Plan (SBP). The DIC is a special indemnity
(compensation or insurance) payment that is paid by the Department of
Veterans Affairs (VA) to the survivor when the servicemember's service
causes his or her death. It is a flat rate payment, which for 2005 is
$993 for the surviving spouse and $247 for each surviving child. The
SPB annuity, paid by the Department of Defense (DoD) reflects the
longevity of the service of the military member. It is ordinarily
calculated at 55 percent of retired pay. Military retirees who elect
SPB pay a portion of their retired pay to ensure that their family has
a guaranteed income should the retiree die. If that retiree dies due to
a service connected disability, their survivor is also eligible for
DIC.
Two years ago, surviving spouses of all servicemembers killed on
active duty were made eligible to receive SBP. The amount of their
annuity payment is calculated as if the servicemember was medically
retired at 100 percent disability. The equation is the basic pay times
75 percent times 55 percent. As seen in the examples included at the
end of this testimony (pp. 9-12), the annuity varies greatly, depending
on the servicemember's longevity of service. As the law is written
presently, if the amount of SBP is less than $993, the surviving spouse
receives only the DIC payment of $993 per month. If the amount of SBP
is greater than $993, the surviving spouse receives the DIC payment of
$993 per month (which is non-taxable) plus the difference between the
DIC and the SBP. For example, if the SBP is $1500, the surviving spouse
receives $993 from DIC (non-taxable) and $507 from SBP that is subject
to tax each month. The DIC payment of $247 for each child is not
offset.
Surviving active duty spouses have the option of several benefit
choices depending on their circumstances and the ages of their
children. By law, the SBP benefit is awarded to the spouse. As can be
seen in the examples, it is paid for the spouse's lifetime unless she
remarries. Because SBP is offset by the DIC payment, the spouse whose
SBP payment would be less than the amount of DIC may choose to waive
her SBP benefit and select the ``child only'' option. In this scenario,
the spouse would receive the DIC payment and her children would receive
the full SBP amount until the last child turns 18 (23 if in college),
as well as the individual child DIC until each child turns 18 (or 23 if
in college). As shown in the examples, once the children have left the
house, the spouse who has chosen this option will be left with an
annual income of $11,916 (in 2005 dollars). If there are no dependent
children, the surviving spouse whose SBP benefit is less than the $993
DIC payment will experience this income decline just 6 months following
the servicemember's death. In each case, this is a significant drop in
income from what the family had been earning while on active duty. The
percentage of income loss is even greater for survivors whose
servicemembers had served longer on active duty. Those who give their
lives for their country deserve fairer compensation for their surviving
spouses.
It has only been since the passage of the FY 2002 National Defense
Authorization Act that surviving spouses of servicemembers who had not
been retirement eligible and were killed on active duty have been
entitled to receive the SPB benefit. This eligibility was made
retroactive to 10 September 2001. A correction in P.L. 108-136 allows
spouses to choose ``child only'' SBP benefits. This change, effective
only for deaths after 24 November 2003, allows some families to recover
the SBP benefits the spouse would lose because of the DIC offset, but
only temporarily. When the children's eligibility ends because of age,
the SBP benefit is lost to the family.
As we have described, the interaction between SPB and DIC is a
complex procedure to understand. Consider trying to make decisions
about this payment distribution a month after losing your spouse, while
still in a state of shock and denial.
NMFA recommends that the DIC offset to SPB be eliminated. Doing so
would recognize the length of commitment and service of the career
servicemember and spouse and would relieve the spouse of making hasty
financial decisions at a time when he or she is emotionally vulnerable.
NMFA believes that the survivor benefits package, as outlined in
Appendix 1, needs to be viewed as a whole and each individual benefit
be studied in the context of the whole package. The recent emphasis on
the death gratuity, for example, leads many of the uninformed to
believe that it is the only compensation that the surviving family
receives. The death gratuity, currently $12,420, is paid within 72
hours to help the families meet immediate expenses related to the death
of the servicemember. NMFA applauds recent increases to the death
gratuity, including the indexing of the payment to increases in basic
pay. As with these previous changes, any further increase should be
applied equally for all active duty deaths.
NMFA recommends that any increased funding for the death gratuity
be applied to increase it across-the-board for all active duty deaths.
The largest payment provided to surviving families soon after the
servicemember's death is from the Servicemembers Group Life Insurance
(SGLI). The maximum coverage is currently $250,000. NMFA believes the
services must educate young servicemembers on the importance of signing
up for maximum coverage under SGLI and especially on updating
beneficiary data. Information provided to NMFA indicates that more than
90 percent of active duty servicemembers sign up for the maximum
amount. The opt-out system, wherein the servicemember needs to show why
he or she does not require SGLI, goes a long way in ensuring this
participation. We are, however, less sure that National Guard and
Reserve members are signing up at the same high rate. The election of
insurance is a family decision. Spouses should be included in the
decisionmaking process and no servicemember should be allowed to opt-
out without the written consent of his or her spouse. We all have heard
of a few unfortunate instances where the servicemember had opted out of
SGLI when first offered it, then marries and does not sign up for it.
There are also cases where the servicemember does not change
beneficiary or primary next-of-kin on the paperwork when he or she
marries. While beneficiary information is supposed to be reviewed
periodically, in actuality some people fall through the cracks. NMFA
proposes a trigger mechanism, perhaps tied to DEERS registration, which
would prompt the servicemember to update survivor information when he
or she has a change in marital status or adds a dependent.
NMFA is aware that proposals to increase the amount of SGLI are
currently under discussion. We believe it is paramount that any
proposal to increase the maximum SGLI should be designed to create an
incentive for the servicemember to take the maximum amount--for
example, that an additional $100,000 in coverage would be premium-free
at the back end, not front. The maximum coverage should also be
available to all servicemembers.
NMFA recommends that spouses be involved in the decision process if
the servicemember elects to opt-out of SGLI. We also suggest a trigger
mechanism to prompt the servicemember to update survivor information,
i.e. designation of primary next-of-kin, election of SGLI or change of
beneficiary, when family status changes. NMFA also recommends that
proposals to increase coverage be designed to ensure that the
servicemember take the maximum amount and that the maximum coverage be
available to all servicemembers on active duty.
Much of the benefit confusion experienced by surviving families
could be corrected by educating the servicemember and spouse about the
total survivor benefit package. While some commanders or family
readiness group leaders are reluctant to talk about this with families
because they feel it will induce added stress or concern, the opposite
is true. If the families have an overview of what benefits are
available in case of the death of the servicemember, this knowledge can
help relieve the stress when they go over the ``what if'' scenarios
during a deployment. NMFA has a concise overview of survivor benefits
in fact sheet format available on its website. We feel, however, that
DoD should provide a more in-depth overview or explanation, like the
annually-updated VA benefits, to be made available in pamphlet form and
on-line to educate servicemembers and their families. The DoD booklet
should focus on the survivor benefits available from all Federal
sources and not get caught up in the minutiae of individual service
procedures.
NMFA recommends that DoD create a handbook similar to the annual VA
Benefits Handbook to provide easy access to survivor benefit
information to servicemembers and spouses.
The surviving family is presented with a large payment ($250,000
SGLI plus the $12,420 death gratuity) when the servicemember dies. The
management of that large sum of money is a huge responsibility,
especially if young children are involved. The surviving spouse also
needs to make decisions that impact the family for many years. The
bereaved spouse may be especially vulnerable to unscrupulous or
uninformed advisors, friends or family members who may try to take
advantage and ``help'' the surviving spouse spend or invest the
inheritance. The need for unbiased and fair financial counseling has
never been greater. At the present time, the VA offers the free
services of a financial counseling service ``Financial Point'' for 1
year after the servicemember is killed. The access to a long term
service to counsel the family members about what their options are
without a financial stake in the outcome could help the surviving
families establish an investment plan and make sound decisions about
what they should do that is best for their family.
NMFA believes that surviving spouses need long-term access to
counsel and advice concerning the entire benefit package. The surviving
family will have questions as the years go by and their benefits and
their need for different benefits changes. The young widow with a
toddler has too many immediate concerns to think about the child's
college education 15 years from now. However, she will be looking one
day for information about those benefits. Will she be able to access
that information and advice in an easy manner with someone who is an
expert in benefits for families? Or, will she be forced to walk into an
office where the counselor is more familiar with VA health benefits for
veterans than about education benefits for surviving children? The
surviving spouse needs information unique to her family, not a cookie-
cutter, one-size-fits-all answer.
Entities that provide this type of survivor-focused service do
exist. For example, Armed Forces Services Corporation (AFSC) has
supported the military community for years and is renowned for its
expertise in Government and military survivor benefits and the
survivorship services provided to their military members and families.
AFSC's staff provide assistance in matters related to military
benefits, Social Security, Veterans Affairs, and the military Survivor
Benefit Plan, death gratuity, SGLI/VGLI, among others. The centerpiece
of AFSC's services is their unique software program that provides a
personalized projection of the family's integrated stream of Government
and military survivor benefits, including changes to the benefit
amounts throughout the surviving family's lifetime. A service such as
this would help surviving families understand and coordinate their
benefits in the years to come. Such a service is so valued that
presently Army Emergency Relief and the Navy Marine Corps Relief
Society present all surviving families of those killed on active duty
with lifetime memberships in the Armed Forces Services Corporation to
guarantee that they receive the counseling and advice they require.
NMFA recommends the establishment of a Survivor Office within the
VA to provide long-term information and support for surviving spouses
and children and offer individualized information about each surviving
family's benefit package. A significant element to that support should
be access to professional financial counseling.
To a child, the loss of a parent is a life-changing event. As he or
she goes through the process of grieving for the parent some help may
be required. The VA states that it offers grief counseling to families
through its Vet Centers; however, NMFA is concerned about the
Department's current capacity to provide that counseling for all who
need it. NMFA hopes the VA and DoD will work together to identify the
needs of surviving children and promote adequately-resourced programs
and initiatives to support those needs.
NMFA recommends that DoD and the VA identify the emotional needs of
surviving spouses and children, especially in the area of grief
counseling, and promote programs and initiatives to support those
needs.
The military Service Casualty Assistance Officer has received
training to help the family through these difficult times. This
assistance, however, is performed as an extra duty and the officer is
not an expert in survivor issues or financial counseling. Understanding
all the benefits and entitlements is a complex process. We have heard
from surviving families that they greatly appreciated the help and
support provided by the Casualty Assistance Officer in those first days
as he or she served as a representative of their parent service. The
presence of the Casualty Assistance Officer demonstrates to the family
that ``we take care of our own'' and can be a great comfort to the
family as they go through the military funeral and honors. Sometimes,
however, training for this extra duty can be hurried or incomplete and
may result in misinformation or a missed step in a procedure that is
not discovered until months down the road with consequences that are
irrevocable. Family readiness group leaders and other volunteer support
could also benefit from specific training in the area of benefits and
support services available for surviving family members.
NMFA recommends improved and consistent training for the Casualty
Assistance Officers and family support providers so they can better
support families in their greatest time of need. Training and
responsibilities of Casualty Assistance Officers vary by service. It is
only fair to families that they have the best help available.
NMFA has also identified some small fixes to legislation and policy
that could help surviving families in their transition process. As we
all know, it is often the small inconvenience that may be the straw
that breaks the camel's back. Each surviving family has a unique
situation. The policy as written now allows the surviving family to
remain in Government housing for 6 months after the death of the
servicemember. This date may come in the middle of a school semester or
year. When a child has had to cope with the death of a parent, the
consistency and support of their school is important. NMFA recommends
that the 6 month limit for occupancy of Government quarters or military
housing privatized by DoD be waived to allow the children to finish the
school year if the family so chooses. Rent would be charged for the
extra time.
Guard and Reserve families may choose to keep their employer
sponsored health and dental care when their servicemember is activated
and deployed. The family's eligibility for this care may cease if the
servicemember is killed on active duty. These families may need
information and assistance in making the transition into the TRICARE
health system, but they are eligible for the benefit just as if they
had been using TRICARE when the servicemember died. However, in the
case of the TRICARE Dental Program (TDP), the dental insurance for
active duty families, legislative changes are needed to make these
families eligible for the benefit available to other survivors. As the
law is currently written, only those families enrolled in the TRICARE
Dental Program (TDP) at the time of the servicemember's death are
eligible to continue enrollment and receive premium-free dental
insurance for 3 years. NMFA recommends that in cases where the family
has employer sponsored dental insurance they be treated as if they had
been enrolled in the TRICARE Dental Program at the time of the
servicemember's death.
NMFA thanks this Committee for your attention to the well-being of
military families, especially for those who have lost a loved one in
service to the Nation. Servicemembers killed on active duty have made
the ultimate sacrifice. Their surviving families deserve the most
comprehensive package of benefits that a grateful Nation can provide.
This package should reflect the obligation of the Government to
compensate the survivors of all servicemembers killed on active duty.
It must meet families' short-term needs, provide for their long term
financial stability, and recognize the commitment and service of the
servicemember and family. With this focus, a grateful Nation can
continue to fulfill the promise made to military families by President
Lincoln.
appendix 1
<bullet> Benefits paid by the Department of Defense (DoD):
<bullet> Death gratuity--$12,420, indexed to increases in basic
pay. This is paid to the designated next-of-kin and is not taxable.
This is supposed to be paid within 24 hours of notification of death.
The purpose of this payment is to help the survivors in their
readjustment and to aid them in meeting immediate expenses.
<bullet> Burial benefits--DoD will process, transport and inter
remains. A casket, vault and headstone are provided or costs of up to
$6,900 may be reimbursed if the family elects to make private
arrangements. Transportation costs for the immediate family are
reimbursed if they must travel for the funeral.
<bullet> Military Health and Dental Care Benefits--All otherwise
eligible spouses and children remain eligible for military health care
coverage. For 3 years from the date of death, TRICARE benefits,
including co-pays, remain the same as active duty family benefits.
After 3 years, the cost of TRICARE and TRICARE co-pays rise to those of
retirees. In most cases, the survivors receive dental insurance
premium-free for 3 years, before becoming eligible for the premium-
based Retiree Dental Program. The spouse loses eligibility for medical
and dental benefits upon remarriage and it may not be reinstated.
Children have benefits until age 18 or 23 if enrolled in college.
<bullet> Survivor Benefit Plan (SBP)--Surviving spouses of
servicemembers who die on active duty are entitled to SBP benefits. SPB
payments equal 55 percent of what the member's retired pay would have
been had the member been retired at 100 percent disability, i.e. 75
percent of the basic pay (Basic pay times 75 percent times 55 percent).
SBP is automatically adjusted annually for cost of living increases.
SPB payments are subject to Federal income taxes. The spouse may decide
to waive their payment and have payment made to children only until the
children reach age 18 or 23 if enrolled in school. If the spouse
remarries before age 55, SPB payments cease. If the subsequent marriage
ends in death, divorce or annulment, SPB may be reinstated. If the
spouse remarries after age 55, the SBP payments continue. SBP payments
are offset by Dependency and Indemnity Compensation (DIC) payments.
<bullet> Housing benefit--Surviving families may occupy Government
quarters or be paid housing allowances for 180 days. These allowances
vary according to rank and geographic location. In addition, the family
is eligible for one move at the cost of the Government.
<bullet> Servicemember's Group Life Insurance (SGLI)--All
servicemembers are automatically enrolled for $250,000 of coverage
unless they explicitly decline the insurance or purchase lower levels
of coverage. SGLI will be paid to the individual designated on the
servicemember SGLI election and certificate form. If no beneficiary is
elected by the servicemember, the proceeds are paid first to the
surviving spouse; if none, the child(ren) (natural, adopted or
illegitimate) in equal shares; if none, to the parents (natural or
adopted).
<bullet> Other DoD benefits--Spouses are eligible for Commissary,
Exchange, and Morale, Welfare and Recreation activities privileges
indefinitely unless they remarry. Children maintain eligibility until
age 18 or 23, if still enrolled in college.
<bullet> Benefits paid by the Department of Veterans Affairs (VA)
<bullet> Transition Assistance--a monthly payment of $250 paid to
surviving spouses with children for 2 years from the date of death of
the servicemember to help with transition.
<bullet> Dependency and Indemnity Compensation (DIC)--Surviving
spouses and children (and some dependent parents) are eligible for DIC.
The rate has been adjusted annually for cost-of-living increases. The
2005 spouse DIC rate is $993 monthly. The DIC payment is non-taxable.
Additional amounts, also adjusted annually, are authorized for a
surviving spouse with minor children. The current monthly benefit is
$247 for each child. Unmarried children are eligible for the benefit
until they reach the age of 18 (19 if still in secondary school),
between 18 and 23 if they are attending a VA approved institution of
higher learning or for life if they are disabled while still eligible
for the benefit. Children of a deceased member, who did not have a
spouse at the time of death, receive a different monthly benefit. If
the spouse remarries before age 57, payment of the spouse's DIC ends.
The children's DIC payment continues as long as they are eligible. If
the subsequent marriage ends in death, divorce or annulment, DIC will
be reinstated.
<bullet> Survivors' and Dependents' Educational Assistance
Program--Surviving spouses and children are eligible for up to 45
months of education benefits. Beginning 1 July 2005, the surviving
spouse of a servicemember killed on active duty has an extended
eligibility for education benefits of up to 20 years after the date of
the member's death. Children are normally eligible to receive the
educational benefits between their 18th and 26th birthdays. The current
monthly benefit is $803 per month and increases to $824 on 1 October
2005.
<bullet> Home Loan Guarantees--An unremarried surviving spouse is
eligible for GI home loans and retains eligibility if remarriage occurs
after 57th birthday.
<bullet> Benefits paid by the Social Security Administration:
<bullet> Social Security monthly benefits are paid to a spouse or a
divorced spouse regardless of age if the children of the deceased
servicemember are under age 16 or are disabled and meet Social Security
requirements. The amount paid can only be determined by the Social
Security Administration.
<bullet> Social Security Lump Sum Death Benefit--a payment of up to
$255 is paid to the surviving spouse living with the member at the time
of death or to the oldest surviving child if there is no spouse.
Some States also pay death benefits or provide other support,
especially to the survivors of National Guard or Reserve members killed
on active duty. The scope of these benefits and eligibility for them
varies by State.
example 1
Servicemember, E-4 over 2 years, age 23, 10th Mountain Division, Fort
Drum, NY
Monthly pay and allowances:
Basic Pay, $1,695
Imminent Danger Pay, $225
Family Separation Allowance, $250
Basic Allowance for Housing, $735
Basic Allowance for Subsistence, $267
Total Pay and Allowances, $3,172;
$38,064 (annual).
Killed in Line of Duty in Iraq
Spouse, 22 years old, 2 children ages 1 and 3
Benefits
Lump Sum payment: Death Gratuity ($12,420); SGLI ($250,000); and
Social Security Death Benefit ($255); Total: $262,675
Education Benefits
Spouse--45 months at $803 per month--eligible for 20 years
Children--45 months each at $803 per month--between ages of 18 and
26.
Monthly benefits (under current laws, for first 6 months after
servicemember's death)
DIC for spouse, $993
DIC for children, $247 each, $494
SBP for spouse and children, 10 \1\
---------------------------------------------------------------------------
\1\ SPB spouse annuity payment is $700 per month but is offset by
DIC under current law. The family could choose to receive the $700, if
the chooses the ``Child-only SBP'' option.
---------------------------------------------------------------------------
Social Security, $1,630, (determined by calculator at www.ssa.gov,
based on servicemember's income)
VA Transition Payment, $250
BAH (for Fort Drum), $735
Total of monthly benefits, $4,102 ($4802, if choosing ``child-
only'' SBP option)
Changes in Total Annual Benefits
[In 2005 dollars]
----------------------------------------------------------------------------------------------------------------
With DIC If DIC
offset to Spouse offset to
Years since servicemember's death Event Triggering Benefit spouse SBP chooses spouse SBP
Change (current Child-only would be
law) SBP eliminated
----------------------------------------------------------------------------------------------------------------
Immediately............................... First 6 months (at annual $49,224 $57,624 $57,624
rate), includes Basic
Allowance for Housing (BAH).
6 months.................................. End of 1st 6 months (at $40,404 $48,804 $48,804
annual rate): BAH stops.
2 years................................... Beginning of year 3: VA $37,404 $45,804 $45,804
transition payment stops.
15 years.................................. Oldest child turns 18, but in $34,152 $42,552 $42,552
college: 30 percent of
Social Security ends.
15 years.................................. Youngest child turns 16: $26,004 $34,404 $34,404
Mother's Social Security
ends 75%.
17 years.................................. Youngest child turns 18 but $17,844 $26,244 $26,244
in college: Social Security
ends.
19 years.................................. Oldest child turns 23: DIC of $14,880 $23,280 $23,280
$247 ends.
21 years Spouse aged 43................... Youngest child turns 23: $11,916 $11,916 $20,316
child DIC and SBP for child-
only ends.
----------------------------------------------------------------------------------------------------------------
example 2
Servicemember, E-4 over 2 years, age 23, activated Guard from Topeka,
KS
Monthly pay and allowances
Basic Pay, $1,695
Imminent Danger Pay, $225
Family Separation Allowance, $250
Basic Allowance for Housing, $701
Basic Allowance for Subsistence, $267
Total Pay and Allowances, $3,172; $37,656 (annual).
This does not take into account what the servicemember might have
been making at his civilian job and how this affects the family income.
Killed in Line of Duty in Iraq.
Spouse, 22 years old, no children
Benefits
Lump Sum payment: Death Gratuity ($12,420); and SGLI ($250,000)--
Total: $262,420
Education Benefit
Spouse--45 months at $803 per month--eligible for 20 years.
Monthly benefits (under current laws, for first 6 months after
servicemember's death
DIC for spouse, $993
SBP 0 \2\
---------------------------------------------------------------------------
\2\ SBP annuity payment is $700 per month but is offset by DIC
under current law.
---------------------------------------------------------------------------
BAH (for Topeka, KS), $701
Total of monthly benefits, $4,102.
Changes in Total Annual Benefits
[In 2005 dollars]
------------------------------------------------------------------------
With DIC If DIC
Event offset to offset to
Years since servicemember's Triggering spouse SBP spouse SBP
death Benefit Change (current would be
law) eliminated
------------------------------------------------------------------------
Immediately.................. First 6 months $20,328 $28,728
(at annual
rate) (With
BAH).
6 months Spouse aged 23...... End of 1st 6 $11,916 $20,316
months (BAH
stops).
------------------------------------------------------------------------
example 3
Servicemember, E-7 over 14 years, age 34, II Marine Expeditionary
Force, Camp Lejuene, NC
Monthly pay and allowances
Basic Pay, $3,249
Imminent Danger Pay, $225
Family Separation Allowance, $250
Basic Allowance for Housing, $974
Basic Allowance for Subsistence, $267
Total Pay and Allowances, $4,965; $59,580 (annual).
Killed in Line of Duty in Iraq.
Spouse, 33 years old, 2 children ages 11 and 13
Benefits
Lump Sum payment: Death Gratuity ($12,420), SGLI ($250,000), and
Social Security Death Benefit ($255)--Total: $262,675
Education Benefits
Spouse--45 months at $803 per month--eligible for 20 years
Children--45 months each at $803 per month--between ages of 18 and
26
Monthly benefits (under current laws, for first 6 months after
servicemember's death)
DIC for spouse, $993
DIC for children, $247 each; $494
Spouse SBP, $347 \3\
---------------------------------------------------------------------------
\3\ SBP annuity payment is $1,340 per month but is offset by DIC
under current law.
---------------------------------------------------------------------------
Social Security, $3,144
VA Transition Payment, $250
BAH (for Camp LeJeune, NC), $974
Total monthly benefits, $6,202.
Change in Total Annual Benefits
[In 2005 dollars]
----------------------------------------------------------------------------------------------------------------
With DIC If DIC
offset to Spouse offset to
Years since servicemember's death Event Triggering Benefit spouse SBP chooses spouse SBP
Change (current Child-only would be
law) SBP eliminated
----------------------------------------------------------------------------------------------------------------
Immediately............................... First 6 months (at annual $74,424 $86,340 $86,340
rate) with BAH.
6 months.................................. End of 1st 6 months (at $62,736 $74652 $74,652
annual rate): BAH stops.
2 years................................... Beginning of year 3: VA $59,736 $71,652 $71,652
transition pay stops.
5 years................................... Oldest child turns 18 but in $53,448 $65,364 $65,364
college: 30 percent of
Social Security ends.
5 years................................... Youngest child turns 16: $37,728 $49,644 $49,644
Mother's Social Security
ends, 75%.
7 years................................... Youngest child turns 18 but $22,008 $33,924 $33,924
in college: Social Security
ends.
9 years................................... Oldest child turns 23: DIC $19,044 $30,960 $30,960
for that child ends.
11 years Spouse aged 44................... Youngest child turns 23: DIC $16,080 $11,916 $27,996
& SBP for child only ends.
----------------------------------------------------------------------------------------------------------------
example 4
Servicemember, O-5 over 22 years, age 44, 82nd ABN, Fort Bragg, NC
Monthly pay and allowances
Basic Pay, $6,997
Imminent Danger Pay, $225
Family Separation Allowance, $250
Jump Pay, $150
Basic Allowance for Housing, $1,399
Basic Allowance for Subsistence, $175
Total Pay and Allowances, $9,196; $110,352 (annual).
Killed in Line of Duty in Iraq.
Spouse, 42 years old, 2 children ages 17 and 18
Benefits
Lump Sum payment: Death Gratuity ($12,420), SGLI ($250,000) and
Social Security Death Benefit ($255)--Total: $262,675
Education Benefits
Spouse--45 months at $803 per month--eligible for 20 years
Children--45 months each at $803 per month--between ages of 18 and
26
Monthly benefits (under current laws, for first 6 months after
servicemember's death)
DIC for spouse $993
DIC for child under 18 $247
SBP $2,800 \4\
---------------------------------------------------------------------------
\4\ SBP annuity payment is $3,793 per month but is offset by DIC
under current law
---------------------------------------------------------------------------
Social Security $1,494
VA Transition Payment $250
BAH (for Fort Bragg) $1,399
Total monthly benefits $7,183
Changes in Total Annual Benefits
[In 2005 dollars]
----------------------------------------------------------------------------------------------------------------
With DIC
offset to Spouse With DIC
Years after servicemember's death Event Triggering Change spouse SBP chooses offset to
(current Child only Spouse SBP
law) SBP eliminated
----------------------------------------------------------------------------------------------------------------
Immediately............................... First 6 months (at annual $86,196 $98,112 $98,112
rate) with BAH.
6 months.................................. End of 1st 6 months (at $69,408 $81,324 $81,324
annual rate): BAH stops.
1 year.................................... Youngest child turns 18 but $51,480 $63,396 $63,396
in college: Social Security
ends.
2 years................................... Beginning of year 3: VA $48,480 $60,396 $60,396
transition pay ends.
5 years--Spouse is 47 years old........... Youngest child turns 23: DIC $45,516 $11,916 $57,432
& SBP for youngest child
ends.
----------------------------------------------------------------------------------------------------------------
Chairman Craig. We will go to five-minute rounds and I will
call upon my colleagues in the order in which they came to the
Committee.
Let me turn to both you, Tiffany and Jennifer. You have
talked about some of your frustrations and problems that you
have experienced with the loss of your husbands. As you look at
the universe of the situation now, what would have helped you
better understand the benefits available at the time of the
notification that you received of the loss of your husband?
Mrs. McCollum. I think to acknowledge that, at the very
least, the new widow is in a state of fog. So to inundate him
or her with all this information, it won't stay. The fact that
we are given that onslaught of information in the very first
week, it doesn't retain and then we lose our Casualty
Assistance Officer. Some women have moved away, so therefore
they are out of touch even with the military community. Three
years later, they say, ``What is going on?''
So I think there needs to be a consistency that is present,
and I also think that there should be one person assigned, and
if that person is to transition--well, first of all, I think
measures need to be taken that that person does not transition
out of that widow's life for the first 3 years. If the active
duty status is to remain for 3 years, then that person--the
widow needs somebody to be able to access immediately.
Chairman Craig. Tiffany, any additional comment on that?
Mrs. Petty. I do feel a lot of the same way as Jennifer,
but also at the same time, she is right. As soon as you get the
death of your loved one, the news of the death, they just throw
everything at you all at once. You get no time to think about
what is next, you know. First, you are trying to think of where
am I going to bury my loved one? How am I going to pay for all
of it? What am I going to do with the children? What am I going
to do from now for the next 5 or 10 years with raising the
children?
I think they need to take a little bit more time on talking
to you, getting you first through the first couple of weeks,
and then after that, sit down with you. Instead of giving you a
little pamphlet saying this is what you are entitled to,
sitting down and saying, okay, what are your questions? What
would you like to know? Here is the information that I have for
you.
I think it is really important that they do stick with one
person for an extended amount of time rather than switching
from one person to another. It is understandable that they
might assign somebody that is going to end up going overseas.
We don't have any bad feelings towards them. That is not their
fault or our fault. We just need to know that if somebody is
going to be assigned to us, that they are going to stick with
us, we are not going to end up in a big cloud of fog again.
When we want a question answered, we would like to get it
answered.
Chairman Craig. I don't want to put words in your mouth,
but I am sensing from both of you that you did not find what is
currently provided, a single comprehensive source of all the
programs that you are eligible for and the timely manner in
which they might come to you and how you access them.
Mrs. McCollum. No, sir. If I may, a good example is, like
I mentioned in my testimony, that I just exited that 3-year
active duty status. As I was preparing my testimony, I kind of
approached it as, okay, these are problems that I have already
experienced and I want to help the women that are coming behind
me. And then the next turn I take is, boom, I am still
experiencing them with TRICARE saying that, oh, the rules have
changed.
So that is, again, the consistency, and with a concise one
resource that we can rely on rather than--you know, I look up
and I see all the colors on the board behind you. Truthfully,
that is the first time I have seen it outlined that concisely.
I didn't understand it to be the bottom line, which is
questionable for me, because some of those things I don't know
about, like the VA $250 a month for the 24 months. I am unaware
of that. It is new news.
Chairman Craig. That is what we are beginning to find out
and that is why this hearing is being held, to try to get our
arms around total package, total benefits, what is available,
how is it coordinated, along with what we are looking at today
as additional death gratuity benefits. So your testimony is
extremely valuable to all of us as we look at this.
Let me turn to my colleague and Ranking Member, Senator
Akaka.
Senator Akaka. Thank you very much, Mr. Chairman.
I want to again express my thanks to you, Mrs. Petty and
Mrs. McCollum, for your testimonies. As you can tell, we are
trying to get at how we can better serve you and others in
getting the proper information to you in a timely manner. You
mentioned during the first 2 weeks it is important for you to
get the kind of financial and benefit information that is
needed to help you and your families.
We also are looking at the Department of Defense and VA
working together. DoD works with servicemembers while they are
in active service and VA after they leave the service. We want
this transition to be seamless so there will be a continuous
kind of counseling and service. So the question that was asked
by the Chairman is really helpful and I want to thank you for
your testimony.
I want to thank the Gold Star Wives for their advocacy and
support of thousands of military spouses over the years who
have lost their husbands. Mrs. Smith, your written testimony
mentions letters of frustration from widows about the present
system of casualty assistance. What are some of the complaints?
In your opinion, what can be done to fix the casualty
assistance system?
Mrs. Smith. I will mention a letter I got last night at
the last minute because it is fresh in my memory. The Casualty
Assistance Officer did not tell the young widow--apparently,
she has the Service Family Members, SGLI. She had 120 days to
convert. She wasn't informed, didn't convert, and now she has
no life insurance for her child. There is a financial
consequence where she relied on information from the Government
and the Government did not--I don't want that to reflect on the
Casualty Assistance Officer, either, because he probably wasn't
told. I am finding that the Casualty Assistance Officers are
often young men who have no--I didn't have any experience with
affairs--I mean, my husband passed away. That was a little
simpler. And then when my mother passed away, it was a whole
different world in the past few years.
So that is one thing, where she had serious financial
consequences and I hope we can somehow maybe find a way to
waiver that. I have only had the one letter.
But I think that the program for the Armed Forces Services
Corporation is unique and it would provide accurate
information, updated. I belong to it and I can rely on them to
follow my benefit changes.
Senator Akaka. Thank you.
Mrs. Moakler, I have long been a proponent of financial
literacy. I was interested in your recommendation regarding
financial counseling. Is this an area that you have heard a lot
about in terms of need from surviving spouses?
Mrs. Moakler. Anecdotally, yes, we have. Surviving spouses
are vulnerable at that time, right after the loss of a loved
one, and the spouse receives a large lump-sum payment right
away. They may be swayed by the advice of well-meaning but ill-
informed relatives or other advisors who may not have their
best interests at heart.
An unbiased counseling service is objective with no
products to sell. At this time, survivors who receive SGLI can
take advantage of free professional financial counseling for 1
year through the VA Beneficiary Financial Counseling Service.
We applaud this program, but we have heard that the usage is
low and would like to see it better publicized so that
survivors can avail themselves of this service. And we also
believe that we might want to extend that counseling for
several years.
Senator Akaka. Thank you.
Mrs. Bonnie Carroll, many in our audience and in Congress
are not familiar with your program. Can you tell us which
services are most utilized by surviving spouses and their
families, and which of these services do you think the
Government should be providing but is not currently providing?
Mrs. Carroll. Thank you. TAPS is a wonderful national peer
support program where families can come together and help each
other find hope and healing, but I would like to just really
stress to you the importance of this program offered by the
Armed Forces Services Corporation.
TAPS was present in the Pentagon Family Assistance Center
on 9/11 and it was the Armed Forces Services Corporation model.
If you could turn that board around, someone right there, this
gives you an example of exactly what Jennifer and Tiffany are
talking about wanting so desperately, a single-page printout
that would be provided on the day, even on the day of the
death, that would show exactly the benefits from across all of
the different agencies and sources. This is a tremendous tool.
It is available right now by membership. I pay for my
membership in this program so that my survivor benefits are
monitored on a regular basis and any changes that occur, I am
immediately made aware of. This is absolutely invaluable.
When I was out in Fort Lewis at the request of the
commanding general, working with the surviving families there
after soldiers were killed, one of the Casualty Officers
helping two of the families was doing the very best that he
could, but really struggling to put it all together. We got him
on the phone with the Armed Forces Services folks. Within 30
minutes on Christmas Day, he had copies of this for each of
their families and this man literally broke down in tears, he
was so relieved to have this in one snapshot.
They do a beautiful job. My colleagues at DoD and VA have
done extraordinary things, as well. But for the Casualty
Officer to go to the home of the family with this printout,
with accurate, up-to-date benefits information, would be
absolutely extraordinary and just so much appreciated. I can't
emphasize that enough. Thank you.
Senator Akaka. Thank you very much, Mrs. Carroll.
Are all of you aware that VA provides free professional
financial planning services for recipients of SGLI? Were you
offered financial counseling to help you plan your income and
expenses? I see you all nodding no. Well, thank you. That is my
answer.
Thank you very much, Mr. Chairman.
Chairman Craig. Thank you very much.
Now let us turn to Senator Graham.
Senator Graham. Thank you, Mr. Chairman.
I think it is important that one thing I want to do, I
understand that there is confusion in compensation issues and I
don't want to add to the confusion by over-promising. I have
actually been a Casualty Assistance Officer at one time and it
was confusing and it was hard. Looking back, I hope I didn't
screw up.
Are most of your Casualty Assistance Officers active duty
people? Then I think it is important not to over-promise,
because people are going to go PCS. People are going to go to
professional military education programs where they are gone
for 6 months in a year.
Mr. Chairman, I have thought about this a lot. I think it
is probably time for us to look at making this job probably a
civilian GS person, somebody----
[Applause.]
Senator Graham. That is somebody who wants the job.
[Laughter.]
Senator Graham. I think it would provide continuity. But we
do not need to detach the military from the grieving process.
So what I would look at as a proposal for the Committee is to
make this a GS function, so you will have continuity, somebody
who is trained, and make sure that we have a casualty team.
Have any of you been approached by the JAG officers or used any
of their legal services upon death? What about the chaplain?
Mrs. McCollum. I was approached in the commissary about 2
years after my husband died by the chaplain.
[Laughter.]
Senator Graham. Anything short of that?
[Laughter.]
Senator Graham. So what I think we might look at, Mr.
Chairman, is having a team to assist a GS-type person, a
military team, someone from the line who knows what your
spouses did and can tell you how well they did it, assigned
chaplains who understand military families better than any
other group of people. Have the JAGs involved, somebody you can
go to when these legal questions pop up, social actions people
to help you with the children.
One thing I have learned from listening to this testimony
is that the confusion is going to be chronic if you rely on one
person who is an active duty military person who has their own
career.
Now, when it comes to these offsets, I thought I understood
this pretty well until I came here. It is a very complicated
formula that we have and there are budgetary impacts that I
think need to be addressed.
I have been a big advocate of providing TRICARE for Guard
and Reserve members so they would have continuity of health
care, because the Guard and Reserve families do not have access
to military health care unless they are activated. So put
yourself in their shoes. You are in this health care network in
the civilian community, if you have it at all. You are called
to active duty. You change your doctors and your hospitals. You
go back into the civilian world and you bounce around from one
set of doctors and hospitals to another. It is just not good
for families. It does not make you ready for the fight. TRICARE
is a growing program that needs to be dealt with more
effectively, but I think it is a good program.
Jennifer, when you were told about TRICARE eligibility, who
told you that, what the rules were?
Mrs. McCollum. I was never told the rules. My father is a
retired Army officer and I witnessed the difficulties that my
family had as retired status, trying to process claims. That
observation had a large part in my decision on where to move in
that I wanted to stay near a military base to continue to
receive services at that base after my husband--3 years after
the death.
The initial communication with TRICARE started when I first
relocated. I had approximately a year left on active duty
status and I went into the TRICARE office----
Senator Graham. And you get 3 years, right?
Mrs. McCollum. That is correct.
Senator Graham. You get 3 years, and after that, you pay a
premium like a retiree would pay, is that correct?
Mrs. McCollum. That is correct. I was not informed that,
although it didn't surprise me when I learned about it.
What I thought is that basically what retired status meant
was that I was going to move to the back of the line, that my
priority wasn't as high as it was with an active duty status.
Senator Graham. Right.
Mrs. McCollum. So when I went to the TRICARE office to
transfer, this TRICARE representative basically--ultimately
just didn't know the facts, so I had to share them with her and
she researched them and, in fact, okay, I had a year left.
Well, then I got a phone call, as the third anniversary
came about, I got a phone call from the other pilot that was in
the plane--his wife, his widow, and she said that she had a
problem and that abruptly she was told that she didn't have
coverage to go to the military base anymore and didn't really
know what to do. So I called the 1-800 number and my first
wonderful experience with a TRICARE representative, she helped
me guide through it. I will be very honest with you. It shook
me to the core and I was a heap of tears. She was very patient
with me and explained things to the best of her knowledge.
It was at that point she told me I was ineligible to
receive care at the local military base and that I was also----
Senator Graham. For what reason?
Mrs. McCollum. As of August 26 of 2004, which was after I
moved to Jacksonville, they were no longer--they, being the
military treatment facility--it was no longer accepting anyone
other than active duty. I had been able to establish a
relationship with a family practice----
Senator Graham. Was that driven by just demand problems?
Mrs. McCollum. I have no idea.
Senator Graham. Okay.
Mrs. McCollum. I had participated in the family practice
program there at the hospital and had been seeing the same
doctor, for the exception of referrals to others, so I was very
comfortable working in that system. I was really hoping to kind
of be grandfathered in, so to speak, once I hit the retirement
status.
So then when I found out the information that I wasn't able
to receive care and then I was told that I was also downgraded
from TRICARE Prime to TRICARE Standard and that I still have
yet to fully grasp what that means and to make a decision----
Senator Graham. Are you paying a premium now?
Mrs. McCollum. I have until the 20th of the month, I have
been told, to enroll, and then it doesn't kick in for another,
I have been told----
Senator Graham. Well, don't let that date pass.
Mrs. McCollum. Okay. The other thing was that I called the
local TRICARE office. It took a few days to get in touch with
them and then they said that--the woman I spoke with said,
well, your premium is actually a little over $4,000 a year, and
I mention that to highlight just the lack of knowledge.
Senator Graham. That is not even remotely true.
Mrs. McCollum. No. So, of course, that sent me into an
initial, what? And she said----
Senator Graham. That is ridiculous.
Mrs. McCollum. When I asked her about the retired status,
she confirmed----
Senator Graham. Mr. Chairman, I know I have gone over. One
last thing. They mentioned small things go a long way to
families. Space available flights would be a huge benefit, and
they are very easily offered. In other words, if there is a
flight leaving somewhere, I could go as a Guard or Reservist. I
could go as a retired member to travel on that military
airplane. I think it would be very easy to fix and change the
eligibility to allow these folks to travel, and that would mean
a lot, wouldn't it? It would allow you to get around the
country and see your family?
Mrs. McCollum. If I may highlight on that, it would allow
us to travel the country to see our family, allow us to travel
the country to see our husbands' families and also the very
close military members that we have become enmeshed with who
have also suffered the loss of our loved one.
Senator Graham. Mr. Chairman, you are doing a great job
with this hearing. I think we are going to do some good for
these families. Thank you very much.
Chairman Craig. Senator Graham, thank you, and thank you
for those cogent observations and questions that you have
brought.
Now let me turn to Senator Obama.
Senator.
Senator Obama. Thank you very much, Mr. Chairman.
Thanks again to all of you for your testimony. We are very
grateful for it.
Senator Graham's questions and observations were so cogent
that I don't have that many left.
[Laughter.]
Senator Obama. But I think what I would like to underscore
and just confirm with all of you is that we really have two
issues here. One is the manner in which information is provided
to surviving families. I think, as I was listening, I shared
Senator Graham's basic view that we have to have a corps of
people who are full-time responsible for working with surviving
families on the benefits issue. It sounds like you have got
some terrific active duty people who are doing their absolute
very best, but it is not their primary job, which means that
their training is going to be limited. It means that their
availability is going to be sporadic and at any moment, they
may end up being deployed overseas or in some other area that
does not allow them to interact with you.
So if I am correct about that, and it seems that people are
nodding, it seems to me that Senator Graham's basic
recommendation that while we still have active duty personnel
involved in the grieving process, it sounds that Jennifer and
Tiffany both felt that that was very helpful, just having
people who knew your husbands and had worked with them and that
those people who were on active duty should participate in that
process. But when it comes to just sorting through the
mechanics of putting your lives back together again, you have
got to have somebody in there who knows all the information and
can gather it for you in a timely, patient way, and also at
your own pace, because part of the problem is that you should
not be in a situation--everybody is going to adjust differently
to these things and there may just be weeks, I am assuming,
where the last thing you want to do is sit there and think
about health care insurance.
So it seems to me that there is a second point that was
raised by Mrs. Smith and Mrs. Moakler and Mrs. Carroll, as
well, and that is it appears that there is a lack of
consistency in terms of the actual benefits that are available,
that different families in different situations seem to be
getting different information about what is available to them,
whether they are technically killed in the line of duty, were
they not, how is marriage or remarriage handled, and that
involves a whole host of technical questions. Like any large
Government system, it can get complicated.
But it does seem to me that we have to be consistent and
fair to all families whose spouses have offered themselves up
for service, and that some of the distinctions that we are
making between these families or the status of those who have
fallen doesn't make sense. Is that an accurate assessment of
some of the concerns that many of you have?
I would just suggest and urge that we examine that
carefully and that we then try to level up and bring everybody
up to a certain standard and not try to pinch pennies on this.
I recognize that we are in a budgetary constraint situation,
but it strikes me that the levels of benefits that we are
offering to these families is not overly generous at the
moment. We can do better. I know there is a bipartisan
commitment to do better. I am looking forward to being a part
of doing better.
Chairman Craig. Thank you very much, Senator Obama.
Senator Thune.
Senator Thune. Thank you, Mr. Chairman, and I would echo
many of those same sentiments and again say thank you to you. I
think this is a very appropriate topic for this hearing at a
very appropriate time, and that is whether or not we are
fulfilling Lincoln's charge to care for him who shall have
borne the battle, and for his widow and his orphan.
It seems to me, too, from listening, and thank you so much
for your very insightful and very poignant testimony. It means
a lot for us to hear your perspective from a first-hand
experience as well as the service organizations represented.
Thank you all for your sacrifice and for the tragedy that you
have had to endure and for the adversity that has come since
that time.
I guess the point of all this is to figure out how do we
deal not only with the quality of the benefits that are
available out there, and I am looking at the array of things,
too, and thinking I had until this point not seen it laid out
like that. It seems to me that, one, there is the substance of
those benefits and making sure that we don't have programs
where these offsets are disqualifying or excluding eligibility
for another benefit, but secondly, just the complexity of it
and how we go about dealing with that.
So I would hope that, Mr. Chairman, as this process moves
forward that we would be able to find some ways to streamline
and make more understandable these programs and these benefits
and also to take a hard look at the substance and the quality
of those benefits and are we really providing the assistance to
these people and spouses and family members and dependents of
those who have given their lives in the line of duty. There is
no higher calling, and the least we can do for the brave people
who have fallen defending freedom in this country is to see
that their spouses and dependents and loved ones are cared for
in an appropriate way.
I have a couple of just very brief questions as follow-up.
Tiffany, you had mentioned in your testimony some questions
about being able to know the circumstances surrounding your
husband's death. I guess I am curious to know, and this would
apply, as well, to Jennifer, the questions that were asked, did
you feel like there was information that was being withheld
from you? Did you feel like you were being given straight and
honest and direct answers to your questions? I certainly would
understand the need for closure and you would want to know the
answers to some of these questions. Did you feel like that
information was forthcoming? Was there information that was
withheld by the Casualty Assistance Officer?
Mrs. Petty. Well, I felt as though the Casualty Assistance
Officer was trying to give me what information--what little
information he had to me without trying to hurt my feelings. I
wanted to know that my husband was not alone, that really, I
didn't want to know that he suffered. I wanted to know that he
wasn't alone and that he--just everything surrounding his
death, as much as I could know to know that he was okay.
I was told that he was killed almost instantly. But then
later I found out from the soldiers he was with that that was
not at all true. What happened was he was shot once and he
fought for his life for two hours and he was awake and he was
able to communicate with the soldiers that he was with. He did
squeeze their hand. He did moan because of the pain. And so
they were able to get him out of the pain.
He did fight. I needed to know that he wasn't alone
fighting, and I was pretty upset that I was told that--what
felt like a lie, that he was killed instantly when in all
actuality he was not. He did fight, and I needed to know that.
Senator Thune. Were they in your questions and response?
Mrs. McCollum. I wanted to say thank you for acknowledging
that that is part of the survivor benefit, is that we do have
questions and it goes beyond financially what is tomorrow going
to say in my checking account. It is deeper than that.
I had a difficult time getting information about basically
personal effects. That was something that it took me a year,
and then I am the one that had to end up researching it. I
can't tell you why somebody else couldn't do that for me. I had
to contact a friend who also was Air Force, obviously outside
of the Marine Corps, to contact Dover Air Force Base Mortuary
Services myself, and was able to talk with a mortician who gave
me more detail than I had previously. It didn't answer all the
questions I had, but it certainly was a step forward to
closure.
As far as the questions that we may have had about
benefits, I am not sure that there was anything being withheld.
I think that, if anything, there was a resistance in that they
didn't really know all this information. That is tough for a
Marine Corps officer to say, I don't know.
Senator Thune. I would say, Mr. Chairman, it seems to me
that that sort of information would be very pertinent in a
situation where you are a survivor, and I don't know what the
practice of the military is, but I would think from these
ladies' standpoint, I would certainly hope that the Casualty
Assistance Officer is giving them all the information that they
request with respect to the very issues and the questions that
you raise in your testimony. I think that is important from a
closure standpoint.
My time is expired, too, but I would also appreciate, I
guess, knowing for the record from these ladies about whether
or not when it comes to the explanation of the array of
benefits and things that are out there, would more visits--is
it the amount of time that was spent? Was it just not having
the knowledge or dealing with the way that the benefits were
explained, the quality of the information, quality of the
explanation, that sort of thing? If there is additional
information that you could shed on that, that would be very
useful.
Mrs. McCollum. I think Senator Obama had a very good point
in that we all go through it differently. I mean, it is the
same road. It is the same uncharted territory. But there is a
different time line for each one of us and we all have initial
reactions. I know I stayed in the local area for 2 years.
Another widow whose husband died alongside mine left
immediately, and 3 years later, she is surfacing, if I may, to
ask questions--what is survivor benefit plan and how come I am
not getting it? That shouldn't be happening. Granted, she moved
away from the military installation so she didn't have a direct
point of contact, but she didn't even have a phone number.
We learned so much through the widows, other widows that we
talked with. Oh, by the way, have you heard about this? Hey, I
just--my neighbor told me that she heard a news report that,
for example, the Veterans Administration was giving $250 a
month for the next 24 months if you have a child. Do we want to
hear it through neighbors? No.
Senator Thune. Right.
Mrs. McCollum. We kind of want to be the first person to
know what our bank account is going to look like, I guess.
Senator Thune. Thank you.
Thank you, Mr. Chairman.
Chairman Craig. Senator, thank you.
Now let me turn to Senator Ken Salazar, who has joined us.
Senator, welcome.
STATEMENT OF HON. KEN SALAZAR,
U.S. SENATOR FROM COLORADO
Senator Salazar. Thank you very much, Chairman Craig and
Ranking Member Akaka. I do think that we are in some very
important times in our country where we have an opportunity to
fix many of the issues that you have been talking about. I
commend you, Chairman Craig and Senator Akaka, for helping us
focus on these veterans' issues.
I have a longer statement as an opening statement, but
without objection, I would just submit that for the record.
Chairman Craig. Without objection, it will become a full
part of the record. Thank you, Senator.
Senator Salazar. Thank you, Senator.
[The prepared statement of Senator Salazar follows:]
Prepared Statement of Hon. Ken Salazar,
U.S. Senator from Colorado
Thank you, Mr. Chairman, for calling this hearing on such an
important issue. Thanks to you, Senator Akaka, and others on this
Committee who have tirelessly brought the challenges that military
survivors face to the forefront. Because of your work, the aid that
military survivors receive have been increased incrementally over the
years. And thanks to your work, and the work of the family members we
will hear from today, we are now in the position to significantly
increase the aid that the wives, husbands, and children of fallen
servicemembers receive.
This week, Colorado laid to rest one of our own. 27-year-old Pfc.
George Geer, who grew up in the Dolores and Cortez area, was killed
Jan. 17 by a car bomb in Ar Ramadi, Iraq. Pfc. Geer is one of the
nearly 1,500 brave men and women who have died in Iraq and in Operation
Enduring Freedom.
To us, he is a reminder of the price of freedom, but to his family,
his death creates a huge hole that cannot ever be filled. When a
soldier dies, his or her family is left behind to face not only their
grief, but also major financial hurdles.
No amount of money can replace the loss of a loved one, but
survivor aid can help families overcome the economic difficulties they
face. For far too long, we have shortchanged not only our heroes in
uniform, but also the heroes who wait for them back home.
Now we have an historic opportunity to raise the so-called death
gratuity from $12,420 to $100,000 and to provide an extra $150,000 in
life insurance payouts. We also have an opportunity to allow full
concurrent receipt of the DoD's Survivor Benefit Plan and the VA's
Dependency & Indemnity Compensation. We also have the opportunity to
improve the help that military survivors get in navigating the
bureaucracies of the VA and the DoD to get the benefits they deserve.
And finally we have the opportunity to protect military families from
predatory life insurance companies. All of these reforms are needed,
and all are within our reach this year.
As we prepare to increase survivor benefits, we have to be careful
not to foster distinctions between combat zone deaths and other deaths
The Pentagon has long treated all deaths the same. That is the right
approach. As the panelists and family members will testify, no matter
where it happens, a military death impacts families the same way. I
hope that we can work together to make sure that we increase survivor
benefits, and increase them for all members of the military, no matter
where they serve.
While there are some important differences between the proposals to
achieve these goals, I am encouraged by the tremendous amount of
bipartisan cooperation I have seen. I am proud to have cosponsored two
bills to improve military survivor benefits, including one with my good
friend Senator Chuck Hagel from Nebraska. Everyone on this Committee
agrees that we need to do more for our veterans. I am confident that we
can.
I look forward to hearing from the family members, activists and
administration officials today about the challenges they face and their
ideas about what we can do to do right by our military families.
Senator Salazar. I do have two questions and I will just
direct them to whoever from the panel wants to respond to the
two questions. One of them is on peer assistance and peer group
counseling, and second of all, the major policy debate in terms
of some of the bills that I have seen has to do with whether or
not the benefits are paid to those who die in combat zones
versus those who do not die in combat zones.
Let me ask on the first question, peer assistance
counseling and other circumstances where I have worked with
victims' groups, it seems to me that that is a significant part
of the grieving process and helping people get along the way.
My question to all of you, what is it that the VA, the
Department of Defense, we can do to help in those efforts, and
if you can be specific on that, I would appreciate it.
And then, secondly, your comments on the question of
whether or not the limitation that has been put forward in the
administration's proposal with respect to veterans, the
survivor benefit only being limited to those who die in combat
zones. If you would comment on those two questions, I really
would appreciate it.
Mrs. Carroll. In regard to peer support, TAPS is a national
peer support program for all those who have been affected by
the death of a loved one serving in the Armed Forces. We not
only partner, for example, widows with other widows with
similar family dynamics, but also children with children and
siblings, brothers talking to brothers, and it has been
tremendously powerful.
After the Mosul dining hall attack when I was, as I
mentioned, out at Fort Lewis, one of the surviving widows, they
had a 12-year-old child on that day. We were able to get that
12-year-old girl on the phone with another surviving 12-year-
old girl whose loss was a few years out, and together, they
could talk about what it was like to go back to school, what it
would be like. It was very healing. So that is in place through
our veterans' service organization.
The Department of Veterans Affairs Readjustment Counseling
Service has a similar model in the veterans' center program in
that their therapists are not only counselors, they are also,
for the most part, combat veterans themselves. When they speak
to a family, they speak as a therapist, but they also speak for
the military experience. And speaking with that peer
relationship has been so healing and so validating for our
families.
Senator Salazar. Bonnie, let me just ask, is there anything
that we could do to improve the system or is it working the way
that it ought to work?
Mrs. Carroll. It is absolutely working beautifully. I would
really encourage you to support the veterans' center program
and ensure that they have the counselors that they need. It is
working well. They have not been overtaxed at the current rate
and I just thank you so much for your support of that important
program. It has been tremendously successful.
Mrs. McCollum. And again, the important part of that is
getting the word out to the surviving families that that is
available to them. That is an important part of the package.
In answer to your second question, while the servicemember
is on active duty, there are distinctions in pay. If they are
in a combat zone, they might get imminent danger pay or jump
pay or bonuses for special skill areas. However, when a
servicemember is killed on active duty, the compensation that
the families receive should not be differentiated because of
where the death occurs. Through their oath, each
servicemember's commitment is the same. The survivor benefit
package should not create inequities by awarding different
benefits to families who lose a servicemember in a hostile zone
versus those who lose their loved one in a training mission
preparing for service in a hostile zone. To the family, the
loss is the same.
Senator Salazar. Are all of you in agreement on that point?
Mrs. Smith. All of our families are the same and we have
concerns about some of the proposed legislation that groups
surviving families by definition of hostile fire instead of
dependent and non-dependent survivors. So we would be providing
money with some of the legislation that would be going to
survivors who were previously not dependent on that soldier,
and that is fine to do that, but at the same time, don't leave
out the families who were not in the hostile fire area whose
husbands, maybe like Jennifer's, died in a mission that didn't
happen to be in that location. But all of our husbands are
supposed to be ready for duty anywhere, any place, and any
time, and I think that should be remembered.
Senator Salazar. Thank you very much.
Chairman Craig. Ken, thank you very much.
Now let me turn to Senator Burr. Richard.
Senator Burr. Thank you, Mr. Chairman, and once again to
each of you, our sincere gratitude for the sacrifices.
I am curious, Tiffany and Jennifer, is there a process when
you enter the military where there is an educational package or
program for the entire family on the host of benefits? I sort
of sense the reluctance of having something up front that would
talk about a process if there were a death, but is there
something that encompasses the whole world that is available
for the military family?
Mrs. Petty. Personally, I didn't get any education
whatsoever. When we got into the Army, my husband was given a
few papers and he was told, sign this and when you die your
wife will get some money. We did not know much more than that.
It would be very helpful if somebody would sit down with the
soldiers and their families before they are deployed or sent
out on any kind of mission or training, sit down with them and
tell them what is available to them if something does happen.
It is important to know that. I know it is hard to think about
that kind of situation, but it is important to know it.
Mrs. McCollum. As far as the Marine Corps goes, I know
that there is a LINKS program, and I am sorry, I don't remember
what that acronym stands for, but I believe it is for families
adjusting to the military life. I never attended a LINKS
seminar. If they had them, it was during the weekday while I
was working.
Secondary to that, we were required to attend a deployment
briefing as the families and we talked specifically information
on the deployment, when our husbands were expected to leave,
resources available to us such as the chaplain's services as
the member was deployed prior to their return. The interesting
thing to highlight here is that I was aware of the chaplain
when he came to my office to tell me about my husband's death
because I had seen him at the pre-deployment brief, that I had
familiarity with him there.
Senator Burr. Jennifer, you had the instance of seeking
medical care and, I think, at that time being notified that
your insurance was no longer recognized as active duty.
Mrs. McCollum. Correct.
Senator Burr. I take for granted that there was a
clarification that somebody came to, they understood that they
had made a mistake. Am I correct on that?
Mrs. McCollum. You are.
Senator Burr. Was that just misinformation on the insurance
side?
Mrs. McCollum. On the representative, the lady who was
showing me what paperwork to fill out to transfer from San
Diego, California, to Jacksonville, Florida.
Senator Burr. Had you not questioned it, what would have
happened?
Mrs. McCollum. I would have been enrolled into the retired
program.
Senator Burr. How many people do you think that happens to,
who enrolled in the retired program?
Mrs. McCollum. Unfortunately, countless.
Senator Burr. Let me ask both of you for your comments as
it relates to outside of the Casualty Assistance Officers that
are assigned to you and may be transitioned. Is there any type
of redundancy in the information that they are there to provide
for you via phone, the Internet, where you could go and if they
didn't have the answer or they weren't available, 24 hours a
day as these questions came up to you, that you could go and
search out the information about benefits or where you turn or
who you call?
Mrs. McCollum. Senator Burr, I wish I could use the word
redundancy. That would be a welcome word.
[Laughter.]
Mrs. McCollum. It is more of desperately seeking. When you
don't know where to look or who to ask, it is not on your radar
screen. If you are a young woman who has a little baby, you are
just trying to make ends meet, and trying to figure out heads
or tails of benefits and what they say you are owed, and then
you get resistance such as I received from TRICARE and you
don't have the energy to fight back, you won't. You kind of
roll over and roll with the punches as if you have been dealt
the biggest fell swoop of your life.
Senator Burr. Tiffany, anything to add?
Mrs. Petty. I feel the same as Jennifer. If there was a way
that we could really get the answers that we needed without
having to really search them out, that would just be a godsend.
If we could get online and type in ``help'' and get an answer,
that would help, but that is not there. That is not possible.
We do have to search. We do have to make phone call after phone
call after phone call to find one person that could maybe give
us a part of what answer we are looking for.
Senator Burr. Thank you.
Thank you, Mr. Chairman.
Chairman Craig. Senator, thank you very much.
Senator Isakson, any comment and/or questions?
Senator Isakson. Thank you, Mr. Chairman. I will make a
comment. I apologize to you and the Ranking Member and
especially to the ladies testifying today for being late, but I
had to be on the floor. I thank you, as the other Senators
have, for your service, for your sacrifice for our country, and
I thank you for being here today.
I could in no way put myself in your place, but having lost
two very close friends, one in combat in Vietnam and another in
a non-combat-related but military training-related issue, I
want to echo the comments of Mrs. Smith and the others in terms
of the seamless treatment of our veterans.
I think also I want to say, Mr. Chairman, that I really
appreciate the initiative that you are taking, because in just
the testimony I have heard, and having read part of Tiffany's
statement as I was listening out of the other ear to the
questions, seamless is the word. Also we need to provide
information and access to information on behalf of these widows
and family members. Knowledge is a powerful thing, and for a
young mother in search of the benefits that are rightly hers,
communication can make a world of difference, both in the
family on that day as well as in their feelings about the way
in which they are treated.
So I look forward to working with you on that very end and
I thank you again for your service and your commitment and your
willingness to be here today, and I yield back.
Chairman Craig. Senator, thank you.
We have a second panel, but my colleague here has an
additional question and we will go to Senator Akaka before we
get to our next panel.
Senator Akaka. Thank you very much, Mr. Chairman.
I want to ask a question to Tiffany and Jennifer as a
follow-up. Can I ask, how long did it take for you to receive
your SGLI payment, that is the Servicemembers' Group Life
Insurance?
Mrs. Petty. It was only a few months for me. I do have one
military member that is a brigadier general and he was able to
help getting some of the things that I needed and that was one
of them.
Mrs. McCollum. There was a little more complexity in my
situation. I wonder how much of it had to do with the fact that
my husband was one of the first killed in Operation Enduring
Freedom. So it was kind of a system that really needed, I
guess, to get on par with the fact that we were at war.
My husband had filled out a request to have the lump sum
distributed, but it was in his desk drawer and that needed to
be resubmitted. So I think for my situation, it was a little
bit more stagnant than other cases. It wasn't too terribly
long.
Senator Akaka. Thank you
Mr. Chairman, My comment is, after hearing this panel, I
think it is critical that we also focus on challenges faced by
surviving spouses of members of the National Guard and
Reservists as we continue to examine how to improve casualty
assistance and information as we are trying to do here. Thank
you, Mr. Chairman.
Chairman Craig. Thank you.
To all of you, thank you very, very much. You have been an
extremely valuable panel, bringing out a variety of concerns
and recognitions of problems that exist within the current
system that we will tackle as a Committee and as a Congress to
resolve and work in a much more coordinated fashion. So thank
you all very much for being here. We will retain you as a
valuable resource. How is that? Thank you all.
[Applause.]
Chairman Craig. Now let me call our second panel forward,
please. Thank you very much, panelists. I will introduce our
primary presenters and they can certainly introduce their
colleagues who have joined with them if they wish.
The Honorable Daniel Cooper, Under Secretary of Benefits,
Department of Veterans Affairs; Mr. Mark Ward, Senior Policy
Advisor, Casualty, Mortuary and Funeral Affairs Honors, Office
of the Deputy Under Secretary of Defense; and Frederick
Streckewald, Assistant Deputy Commissioner for Disability and
Income Security Programs, Social Security Administration.
Dan, we will start with you first, please.
STATEMENT OF HON. DANIEL L. COOPER, UNDER SECRETARY FOR
BENEFITS, VETERANS' BENEFITS ADMINISTRATION,
DEPARTMENT OF VETERANS AFFAIRS; ACCOMPANIED BY ROBERT J. EPLEY,
ASSOCIATE DEPUTY UNDER SECRETARY FOR POLICY AND PROGRAM
MANAGEMENT, DEPARTMENT OF VETERANS AFFAIRS; AND THOMAS M.
LASTOWKA,
DIRECTOR, VA REGIONAL OFFICE AND INSURANCE CENTER
Mr. Cooper. Thank you, Mr. Chairman. Mr. Chairman and
Members of the Committee, thank you for the opportunity to
testify today on the very important issue of survivors'
benefits. Providing benefits to surviving family members of our
veterans is one of the core responsibilities of the Department
of Veterans Affairs.
I am joined this morning by Mr. Robert Epley, our Assistant
Deputy Under Secretary for Policy and Programs, and Mr. Tom
Lastowka, the Director of our Insurance Program.
Mr. Chairman, I respectfully request that my full statement
be entered into the record.
Chairman Craig. Without objection, it will be. Thank you.
Mr. Cooper. I would like to start out for a second, sir, to
say that I was extremely moved this morning by the first panel,
and it is in that sense, then, that I go down the various
benefits that we administer in the VA.
The VA provides a wide range of benefits, such as for a
surviving spouse, dependent children, and dependent parents of
deceased service personnel and veterans. The primary benefits
that we provide include Dependency and Indemnity Compensation,
or DIC, death pension, dependents' education assistance,
insurance benefits and financial counseling, health care
benefits under CHAMPVA, and several lesser known but
individually meaningful benefits. In addition, we have
experienced counselors who stand ready to assist survivors in
filing claims and helping them understand the types of benefits
to which they may be entitled, particularly from the VA.
I would first like to briefly summarize several of these
benefits for you and then discuss our outreach program.
One of the VA's largest survivor programs is Dependency and
Indemnity Compensation, or DIC. DIC pays a monthly benefit to
the surviving spouse, dependent children, and/or dependent
parents of a veteran who died in service or who died as a
result of a service-related disability. Surviving spouses of
veterans receive $993 a month, with additional amounts for
dependent children. Last session, Congress enacted legislation
that provides for a transitional benefit of $250 per month for
2 years, payable to a surviving spouse who has a minor child or
children. The VA also pays DIC to parents of deceased veterans,
dependent upon their income.
Eligibility for death pension is based on financial need.
The general requirement for this benefit is that the veteran
has served at least 90 days on active duty and with at least
one of those days during a period of war, and VA currently pays
this benefit to survivors of 200,000 veterans.
The dependents' educational assistance, these benefits are
available for surviving spouses and children. The survivor may
use these benefits to pay for college, business, technical, or
vocational schooling, or for apprenticeships and on-the-job
training. Currently, VA pays $803 a month for up to 45 months
of full-time education or training, with lesser amounts for
part-time training. While a surviving spouse ordinarily must
use this benefit within 10 years from the date of the veterans'
death, recent legislation granted an extension for usage up to
20 years for the surviving spouse of an individual who died
while on active duty.
In Insurance, Servicemen's Group Life Insurance, or SGLI,
provides low-cost term insurance protection to servicemembers.
For this, we use a group policy purchased by VA from Prudential
Life Insurance Company of America. Basic SGLI coverage is
automatically provided to those members on active duty, as well
as for Reservists and National Guard. However, a serviceman or
woman can elect to have less insurance or none at all. Costs of
the program are covered by premiums deducted from the insured
servicemember's pay. The participation rate at the end of the
2004 policy year was 98 percent for active duty, including
those Reservists called to active duty, and 93 percent for the
Ready Reserve.
In 1965, the maximum SGLI coverage started at $10,000. It
has increased seven times over the years and it now stands at
$250,000. Similarly, the premiums have steadily declined over
the years. In 1965, the premium rate was 20 cents per $1,000 of
coverage. It has been reduced eight times, and today, it is 6.5
cents for each $1,000 of coverage.
The Veterans' Survivors Benefits Improvement Act of 2001
extended life insurance coverage to families of SGLI members.
This new coverage is available to spouses of active duty
servicemembers and members of the Ready Reserve. Up to $100,000
of coverage can be purchased by the member for his or her
spouse, and the maximum coverage for a child is $10,000. I
might add, the coverage for a child is free, while the coverage
for a spouse is age dependent.
Financial counseling--beneficiary financial counseling
services are one-on-one, free, objective financial counseling
for SGLI beneficiaries. It includes estate planning, investment
planning, budgeting, and income tax planning. This counseling
was started in 1999 as an experiment. It has now been adopted
as a permanent feature of the SGLI program of benefits.
CHAMPVA, the Civilian Health and Medical Program for the
Department of Veterans Affairs, and this is for some family
members--CHAMPVA was established in 1973. It provides health
care to spouses and dependents of veterans who are permanently
and totally disabled due to service-connected disability or
veterans who have died from a service-connected disability. It
is a comprehensive health care plan that covers every aspect of
beneficiaries' medical needs, with a few exceptions.
Spouses are covered for the remainder of their lives unless
they divorce the sponsoring veteran, or if widowed, remarry
before their 55th birthday. However, an individual who is
eligible for TRICARE is not eligible for CHAMPVA.
The most important facet of VA's responsibility is our
comprehensive outreach program. Most recently, VA and DoD
collaborated on a joint Casualty Assistance Program. Under this
program, VA has streamlined all the in-service death claims
processing for surviving family members of servicemembers
killed on active duty. Our goal is to process the claims within
48 hours of receipt of the paperwork from the service and we
are meeting this goal. We are doing these within 2 days of
receiving that information.
VA Casualty Assistance Officers are positioned at each
regional office. They work closely with the military Casualty
Assistance Officers. At the appropriate time for the family,
the military officer will call the VA Casualty Assistance
Officers to visit survivors to provide benefits information and
assistance, including the availability of bereavement
counseling that Mrs. Carroll mentioned earlier. We publish a
special packet brochure for these survivors and briefly explain
all potential VA benefits and services. It is this pamphlet
right here, and it briefly touches on all the benefits that we
have--not to a great detail, but at least discusses them and
does give telephone numbers that can be used.
We follow up then 6 months later with the beneficiaries to
further explain potential benefits available, such as the
education benefits, vocational counseling services, financial
counseling services, and loan guarantee if they want to then
buy a house.
Through our strong working relationship with the Department
of Defense, we are able to get information out quickly via e-
mail to all military Casualty Assistance Officers to advise
them of such things as legislative changes, changes in VA
claims procedures. This ensures the military Casualty
Assistance Officers are kept up to date about the VA benefits
and services.
Mr. Chairman, I want to assure you that VA works diligently
not only to provide benefits in a timely manner to the
survivors, but also to ensure that our people are mindful of
the need for understanding and compassion during a very
difficult period in the lives of those we serve.
This concludes my testimony and I will be more than happy
to answer any questions.
Chairman Craig. Admiral, thank you very much.
[The prepared statement of Mr. Cooper follows:]
Prepared Statement of Hon. Daniel Cooper, Under Secretary for Benefits,
Veterans Benefits Administration, Department of Veterans Affairs
Mr. Chairman and Members of the Committee, thank you for the
opportunity to testify today on the important issue of survivors'
benefits. Providing benefits for the surviving family members of our
veterans is one of the core responsibilities of the Department of
Veterans Affairs (VA).
VA provides a wide range of benefits to the surviving spouse,
dependent children, and dependent parents of deceased veterans. In
addition, we have experienced counselors who stand ready to assist
survivors in filing claims, and to help them understand the types of
benefits to which they may be entitled. It should be noted that these
are not the only death benefits a surviving spouse and children are
entitled to. They are also entitled to an array of Defense and Social
Security benefits that both complement and in some cases offset each
other. As we examine the adequacy of these benefits, we must do so in a
holistic manner.
VA supports the Administration's proposals on survivors' benefits
as discussed by the Department of Defense representatives. I would like
to summarize VA's benefits for you and discuss our most recent efforts
focused on the survivors of servicemembers who have died in service to
this country in Operation Iraqi Freedom and Operation Enduring Freedom.
dependency and indemnity compensation
One of VA's largest survivor programs is the Dependency and
Indemnity Compensation (DIC) program. DIC is a monthly benefit for the
surviving spouse, dependent children, and dependent parents of a
veteran who died on active duty or after service as the result of a
service-connected or compensable disability. Under certain
circumstances DIC is also paid to the survivors of former POWs and
other veterans who were 100 percent disabled, regardless of the cause
of death. We are currently paying this benefit to survivors of 318,000
veterans.
Surviving spouses of veterans currently receive $993 a month with
additional amounts for dependent children. Last session, Congress
enacted legislation that provides for a transitional benefit of $250
per month payable to a surviving spouse who has a minor child or
children and receives DIC. The surviving spouse receives this
additional benefit for 2 years after entitlement to DIC begins or until
all of the surviving spouse's children have reached 18 years of age.
This benefit is payable for all original DIC awards beginning on or
after January 1, 2005.
VA also pays DIC to dependent parents of deceased veterans if their
income is below a certain amount. The maximum rate currently payable to
a sole surviving dependent parent is $487 per month.
death pension
Even if a veteran's survivors do not qualify for DIC because the
veteran did not die on active duty or after service as the result of a
service-connected or compensable disability, they may still be entitled
to death pension. Eligibility for pension is based on financial need.
The general requirement for this benefit is that the veteran had served
at least 90 days on active duty with at least one of those days
occurring during a period of war. The maximum death pension benefit is
currently $6,814 per year for a surviving spouse with no dependents,
and $1,734 for a surviving child not in the custody of a surviving
spouse. VA currently pays this benefit to the survivors of over 212,000
veterans.
dependents' education assistance
Dependents' Education Assistance benefits are available for
surviving spouses and children. Generally, these benefits are available
to spouses who have not remarried and to children of persons who died
on active duty or as a result of a service-connected disability, or who
are permanently and totally disabled due to a service-connected
disability. The survivor may use these benefits to pay for college,
business, technical or vocational schools, apprenticeships, and on-the
job training programs. Currently, VA pays $803 per month for up to 45
months of full-time education or training with lesser amounts for part-
time training. Last year, VA paid educational assistance to nearly
16,000 survivors. While a surviving spouse ordinarily must use this
benefit within 10 years from the date of the veteran's death, recent
legislation granted an extension for up to 20 years for the surviving
spouse of a servicemember who died while on active duty.
montgomery gi bill refund
In the event of the service-connected death of a servicemember
while on active duty or within 1 year of discharge or release, VA will
refund to a designated survivor an amount equal to the servicemember's
contribution for participation in the Montgomery GI Bill program, less
any education benefits paid.
guaranteed housing loans
Surviving spouses of servicemembers who died on active duty or who
died after service from a service-connected disability are granted VA
housing loan benefits. This allows surviving spouses to obtain home
loans on favorable terms without the need to make a down payment.
insurance
VA is currently the third largest life insurance provider in this
country. Servicemembers' Group Life Insurance (SGLI), first established
in 1965, provides automatic low-cost term insurance protection to
servicemembers through a group policy purchased by VA from Prudential
Life Insurance Company of America. The Government pays the claim costs
resulting from the extra hazards of service. All other costs of the
program are covered by premiums deducted from the insured
servicemember's pay.
When SGLI was first established the maximum amount of coverage
available was $10,000. There have been seven coverage increases since
the program's inception. In 2001, coverage was increased to the current
maximum of $250,000. One feature of this insurance coverage is that all
insureds pay the same premium rates, regardless of their age or
military occupational specialty. Since Vietnam through 2002, the
program has paid for itself through premiums paid by the insureds. In
2003, premiums were reduced from $20 per month for the maximum $250,000
coverage to $16.25 per month.
Unless they decline to participate, basic SGLI coverage is
automatically provided to those members on active duty in the Army,
Navy, Air Force, Marine Corps, and Coast Guard, as well as ROTC
members, and uniformed members of the Public Health Service and
National Oceanic and Atmospheric Administration. The Ready Reserve is
also insured by SGLI, including reservists and members of the National
Guard. The participation rate at the end of the 2004 policy year was 98
percent for active duty (including reservists called to active duty)
and 93 percent for the Ready Reserve.
As of January 2005, the Office of Servicemembers' Group Life
Insurance has issued over 1,900 payments to beneficiaries as a result
of 1,512 deaths certified by the branches of service in Operations
Enduring Freedom and Iraqi Freedom. Claims paid to survivors of these
servicemembers total nearly $342 million.
The Veterans' Survivors Benefits Improvement Act of 2001 extended
life insurance coverage to spouses and children of members insured
under the SGLI program, effective November 1, 2001. This new coverage
is available to the spouses of active duty servicemembers and members
of the Ready Reserve of a uniformed service. Up to $100,000 of coverage
can be purchased by the member for a spouse, in increments of $10,000.
The maximum coverage for a child is $10,000.
financial counseling
Beneficiary Financial Counseling Services is one-on-one, free,
objective financial counseling for SGLI beneficiaries of deceased
servicemembers. Services include estate settlement and planning,
investment planning, budgeting, and income tax planning. This
counseling was started as a pilot project in 1999, and has now been
adopted as a permanent feature of the SGLI program of benefits.
champva (civilian health and medical program of the department of
veterans affairs) for some family members
Spouses and dependents of veterans also have access to health care
benefits.
The Civilian Health and Medical Program of the Department of
Veterans Affairs (CHAMPVA) was established in 1973 to provide health
care to spouses and dependents of veterans whom VA has determined to be
permanently and totally disabled due to service-connected disability or
who have died from a service connected disability.
Children may be cared for under the CHAMPVA program until they
reach the age of 18, or until the age of 23 if they are enrolled full
time in an accredited learning institution. Spouses are covered for the
remainder of their lives unless they divorce the sponsoring veteran or,
if widowed, remarry before their 55th birthday. In those cases they
lose the benefit. For widows/widowers, termination of the second
marriage can mean reinstatement. Widows/widowers who remarry after
their 55th birthday may keep the benefit. An individual who is eligible
for TRICARE is not eligible for CHAMPVA.
The CHAMPVA program is a comprehensive health care plan that covers
every aspect of a beneficiary's medical needs with few exceptions.
Certain types of care/services require preauthorization, such as dental
care, hospice service, and transplants, among others. Beneficiaries are
allowed to find their own medical care provider and with very few
exceptions, CHAMPVA will pay 75 percent of the allowed amount for
covered benefits. As of the end of January 2005, there were over
236,000 beneficiaries enrolled in the CHAMPVA program, of which nearly
150,000 regularly used the program. A total of 5.4 million CHAMPVA
claims were received last year at a cost of $420.5 million.
VA provides other survivor benefits as well, including educational
and vocational counseling services. To the extent that the Department
of Defense (DoD) does not pay the full amount of funeral expenses, VA
is authorized to pay up to $2,000 to cover burial and funeral expenses
in cases of service-connected deaths. In addition, VA provides burial
in national cemeteries and also provides burial flags and markers for
the graves of deceased servicemembers.
All of these benefits are explained in our booklet entitled Federal
Benefits for Veterans and Their Dependents. We also publish plain
language pamphlets on each of the available benefits.
outreach
A most important facet of VA's responsibilities is our outreach
program. The outreach efforts we have developed to explain these
benefits to survivors, particularly survivors of servicemembers killed
on active duty, are comprehensive. However, our outreach efforts to
survivors of servicemembers killed on active duty are designed to
supplement the outreach efforts of DoD's Casualty Assistance Officers.
Most recently, VA and DoD have collaborated on a joint Casualty
Assistance Program. During peacetime, about 700 servicemembers die on
active duty each year. Of course, these numbers have increased
significantly in the last few years and with the onset of Operation
Enduring Freedom and Operation Iraqi Freedom.
Under this program, VA has streamlined all claims processing for
survivors of servicemembers who die on active duty. In 2002, all DIC
claims filed by such survivors were centralized in the Philadelphia
Regional Office for processing. Our goal is to process these claims
within 48 hours of receipt, and we are meeting this goal except in
instances where additional information is required, such as when a
fiduciary/guardian must be appointed for a dependent child. Emphasis
has also been placed on expeditious processing of Dependents' Education
Assistance claims and on the refund of the servicemembers'
contributions under the Montgomery GI Bill and Post Vietnam Era
Veterans' Educational Assistance programs. Veterans Benefits
Administration (VBA) casualty assistance officers, positioned at each
VA regional office, work closely with military casualty assistance
officers. At a time appropriate for the family, they visit survivors to
provide information about VA benefits, such as education benefits,
vocational counseling services, financial counseling services, loan
guaranty, etc., and the availability of bereavement counseling provided
by the Veterans Health Administration. A special tri-fold pocket
brochure, ``Benefits for Survivors of Servicemembers Who Die on Active
Duty'' was published as part of this outreach program and is given to
these survivors. The brochure contains brief information on all
potential VA benefits and services. These casualty assistance officers
can advise the surviving spouse of the potential impact of choosing one
Federal benefit over another, such as the need to waive DoD's Survivor
Benefit Plan benefits in order to receive DIC, or the choices of health
care available to them.
We, however, realize that surviving spouses are in an acute stage
of grief at the time of our first outreach contact. Therefore, we have
implemented a 6-month follow-up contact with surviving spouses. If
requested, a second outreach visit is made to assist with filing claims
or to provide more detailed benefits information.
training
To ensure consistent delivery of services, VBA representatives at
both the national and local level provide training to newly assigned
military casualty assistance officers. We must ensure accurate
information about VA benefits is available to survivors in the normal
event when VBA is not present at the initial family briefing.
VBA has received accolades from the DoD Office of Family Policy and
from the Casualty Assistance Program Managers of the military services
for our efforts in this program. Since implementation of the
streamlined Casualty Assistance Program in July 2002, VBA has received
and processed 2,457 DIC awards.
In addition, VA is a full-fledged member of a Casualty Advisory
Board along with members from DoD as well the various military service
departments. Through this strong working relationship, we are able to
get information out quickly via e-mail to all military casualty
assistance officers to advise them of changes in VA laws and
procedures. This ensures that military casualty assistance officers are
kept up to date about VA benefits and services.
Mr. Chairman and Members of the Committee, we assure you that VA
not only provides benefits in a timely manner to the survivors of
servicemembers, but also that our people are mindful of the need for
understanding and compassion during a very sorrowful time in the lives
of those we serve.
This concludes my testimony. I would be pleased to answer any
questions that Members of the Committee might have.
______
Responses to Written Questions for Hon. Daniel Cooper, Senate Veterans
Affairs Committee, Committee on Veterans' Affairs
senator larry e. craig, chairman.
Question 1: One idea to enhance survivor benefits is to increase
the amount of insurance coverage available. To what level could
Servicemembers' Group Life Insurance (SGLI) coverage be increased
without affecting premium rates paid by all servicemembers? Where do
servicemembers turn to now if they are interested in purchasing
additional amounts of insurance?
Response: The SGLI premium rate is currently set at $.065 per month
per $1,000. For the current maximum coverage of $250,000, a
servicemember pays a monthly premium of $16.25. If the maximum amount
of SGLI coverage were raised to $300,000, we would not expect a premium
rate increase to be necessary until 2008. If the maximum amount were
raised to $400,000, we expect that a premium rate increase to $.075 per
month per $1,000 would be necessary in 2006. The premium for the
$400,000 coverage would then be $30.00 each month. The following table
shows the timing of premium rate increases depending on maximum
coverage amounts.
----------------------------------------------------------------------------------------------------------------
Current Expected
SGLI Coverage Premium Rate Premium Rate Year of
per $1000 per $1000 Increase
----------------------------------------------------------------------------------------------------------------
$250,000........................................................ $0.065 $0.075 2010
$300,000........................................................ $0.065 $0.075 2008
$400,000........................................................ $0.065 $0.075 2006
----------------------------------------------------------------------------------------------------------------
For servicemembers interested in purchasing additional insurance,
there are several fraternal organizations (also called military benefit
associations) in existence that provide a variety of benefits and
services to military personnel. In addition, some onbase credit unions
and banks also offer insurance products to their members. Five of the
major military benefit organizations are: the Military Benefit
Association (MBA), the Army and Air Force Mutual Aid Association
(AAFMAA), the Armed Forces Benefit Association (AFBA), the Navy Mutual
Aid Association (NMAA) and the Uniformed Services Benefit Association
(USB).
These associations primarily offer group term life insurance,
similar to SGLI coverage. One distinction between the SGLI program and
the benefit associations is that the benefit associations underwrite
based on such factors as health, tobacco use, and age, while SGLI
charges the same premium rate for all members. The maximum amounts of
coverage available for the member are shown below.
Maximum Coverage Amounts of Benefit Association on Member's Life
----------------------------------------------------------------------------------------------------------------
SGLI AAFMAA NMAA MBA AFBA USBA
----------------------------------------------------------------------------------------------------------------
$250,000........................ $500,000 $750,000 $250,000 $500,000 $250,000
----------------------------------------------------------------------------------------------------------------
The table below shows a comparison between the premiums rates of
these five associations and SGLI:
Comparison of SGLI and Benefit Association Premium Rates
[Monthly Premiums for $250,000 of Insurance
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current SGLI** MBA Non- MBA AFBA Non- AFBA USBA Non- USBA
Age Group SGLI Premium AAFMAA Smoker Smoker Smoker Smoker Smoker Smoker
Premium @$.075 Premium Premium Premium Premium Premium Premium Premium
--------------------------------------------------------------------------------------------------------------------------------------------------------
Under 25............................................. $16.25 $18.75 $13.00 $18.75 $33.75 $16.25 $32.50 $20.00 $22.50
25-29................................................ $16.25 $18.75 $13.00 $18.75 $33.75 $16.25 $32.50 $22.50 $27.50
30-34................................................ $16.25 $18.75 $13.00 $18.75 $33.75 $16.25 $32.50 $25.00 $35.00
35-39................................................ $16.25 $18.75 $13.00 $18.75 $33.75 $16.25 $32.50 $30.00 $47.50
40-44................................................ $16.25 $18.75 $13.00* $18.75 $33.75 $18.30 $36.60 $42.50 $70.00
45-49................................................ $16.25 $18.75 $13.00* $18.75 $33.75 $18.30 $36.60 $62.50 $107.50
50-54................................................ $16.25 $18.75 N/A $87.50 $167.50 $86.00 $172.00 $95.00 $165.00
55-59................................................ $16.25 $18.75 N/A $87.50 $167.50 $86.00 $172.00 $150.00 $267.50
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Smokers over age 40 are not eligible: coverage terminates at age 50 for all.
** This would be the monthly SGLI premium if the rate per $1000 were increased to $.075.
Question 2: On February 1, 2005, the Administration announced its
proposal to increase death gratuity payments to $100,000. I am
concerned about the impact increasing the gratuity might have on a
young, single servicemember's willingness to remain in the government's
group insurance plan. If young, healthy servicemembers decline
coverage, what would be the impact on premiums? Have the potential
``unintended consequences'' of these proposals been thoroughly
examined?
Response: Servicemembers are automatically insured under the SGLI
program for $250,000 coverage each time they enter into a period of
active duty or reserve status. If they desire to decline or reduce
coverage, they must do so in writing each time their duty status
changes. (For example, reservists called to active duty are
automatically insured for $250,000 regardless of whether they had
previously declined coverage or elected a lesser amount of coverage.)
Because of this automatic enrollment feature, participation in the
program is very high. The participation rate for fiscal year 2004 was
98.3 percent for active duty (including reservists called to active
duty) and 93.2 percent for ready reservists. Of those who participate
in the SGLI program, 91 percent are covered for the $250,000 maximum
amount.
In order to be financially viable, group life insurance programs
require a high degree of participation. This is because no evidence of
insurability is usually required and benefit levels can be substantial.
Generally speaking, participation should be at least 75 percent.
However, in the case of the SGLI program high participation is
especially important due to the additional benefits provided, such as:
<bullet> Free 120 days of coverage following separation
<bullet> Free one year of coverage following separation if totally
disabled
<bullet> Free, automatic $10,000 coverage on all dependent children
<bullet> Free professional Beneficiary Financial Counseling
<bullet> Guaranteed post-separation conversion to VGLI or a
commercial policy
It is difficult to predict whether the proposed increase in the
death gratuity would have a significant adverse impact on participation
in the SGLI program. If such an increase were coupled with government-
paid premiums for $150,000 of SGLI in designated zones as some have
proposed, members would in essence have $250,000 of ``free'' survivor
benefits and it is conceivable that many would believe they do not need
the additional $250,000 of SGLI coverage that would be available. If
participation among younger servicemembers were to decline
substantially, it is possible that premium revenue would not be
sufficient to cover program costs. This could result in an increase in
the SGLI premium rate, or having to charge age-based premium rates in
place of the current single rate for all members.
Question 3: Mrs. Smith testified about a constituency I am very
sensitive to: the survivors of servicemembers who die after service due
to severely disabling wounds sustained in service. I understand that
there is a 1-year period after discharge from service during which
veterans with severely disabling conditions can convert their life
insurance coverage to a VA-run insurance program. In your estimation,
is one year adequate?
Response: Current law provides up to a one-year free extension of
SGLI for individuals who are totally disabled at the time of separation
from service. The individual then has that full year to apply for
Veterans' Group Life Insurance (VGLI) with no health requirements, as
opposed to the normal 120-day period. Since June 2001, as part of a
specifically targeted outreach effort, the VA Insurance Service has
been contacting recently separated veterans who have received a
disability rating of 50 percent or higher from their branch of service
and have not converted their SGLI to VGLI. The outreach consists
primarily of a personal phone call and mailings that provide
information regarding the SGLI Disability Extension and VGLI. The
information obtained from this group reveals that many severely
disabled veterans are not enrolling in VGLI. Some severely disabled
veterans are precluded from coherent post-separation financial planning
by the effects of the disabilities themselves or simply did not know
about the free 1-year extension.
It should also be noted that, while the SGLI Disability Extension
is 1 year, the time period allowed for applying for Service-Disabled
Veterans Insurance is 2 years from the date the veteran is rated
service-connected by VA.
senator daniel k. akaka, ranking member
Question 1: I was happy to hear that 6 months after initial contact
with a surviving spouse, VA reconnects with that spouse and provides
additional information. How does VA continue to update surviving
spouses and their families about benefits or programs that they may be
newly eligible for?
Response: Information about newly legislated benefits would be
provided to surviving spouses through either a news media campaign or
by sending letters to the involved individuals. For example, we
recently sent letters to surviving spouses who were potentially
eligible for restoration of benefits under Public Law 108-183. That
mailing and associated news releases resulted in about 5,700 surviving
spouses applying for restoration of DIC benefits.
Question 2: Is VA currently capable of putting together a benefits
analysis for a survivor upon the death of a servicemember? If so, is
this analysis similar to the product that the Armed Forces Services
Corporation makes available to its customers? If not, what are the
necessary steps that need to take place for VA to be able to provide
this information?
Response: VA casualty assistance officers are trained to discuss
benefits available from other Federal agencies such as the Social
Security Administration to a certain degree, but cannot provide a full
benefits analysis similar to that offered by the Armed Forces Services
Corporation. VA would need to either develop an application or contract
for services to offer a similar full benefits analysis.
Question 3: Currently, the Servicemembers' Group Life Insurance
program is voluntary. The servicemember can opt-out. Last year's Review
of Military Death Benefits Report stated that some employers provide a
minimum life insurance benefit to their employees. Should the
Servicemembers' Group Life Insurance follow the lead of these other
employers and provide a minimum benefit?
Response: Most private sector employers in the U.S. provide a basic
level of life insurance at no cost to their employees, with the most
common coverage level being one to two times salary. Most companies
also offer supplemental coverage, which can be employer-subsidized or
employee-paid.
Last year SAG Corporation, under contract by the Principal Deputy
Under Secretary of Defense to assess the sufficiency of death benefits
provided to the survivors of military members, recommended in its final
report that the Government fund an automatic level of SGLI coverage for
all members. While noting that military benefits in their entirety
compare favorably with those offered by other public sector and private
sector employers, SAG Corporation pointed out that military income
replacement benefits could be brought more into line with private
sector practices by offering an automatic $50,000 of SGLI coverage at
no cost to the member. The estimated annual cost to the uniformed
services of providing this benefit to all active duty and reservist
personnel would be about $90 million. We defer to DoD on the SAG
recommendation.
Because of its automatic enrollment feature, participation in the
SGLI program is very high. The participation rate for fiscal year 2004
was 98.3 percent for active duty (including reservists call to active
duty) and 93.2 percent for ready reservists. Of those who participate
in the SGLI program, 91 percent are covered for the $250,000 maximum
amount.
The Administration has proposed increasing death benefits for
survivors of servicemembers at no cost to the member by increasing the
death gratuity paid by DoD.
Question 4: What is your view on the proposal to underwrite
increased life insurance benefits only for those servicemembers serving
in combat zones?
Response: The proposal under consideration is for DoD to pay the
premium cost for the additional $150,000 of coverage for members
serving in combat zones. OMB has assessed the FY06 cost of this
proposal at $30 million, based on the current SGLI premium rate and an
assumption of 250,000 members serving in combat zones.
We defer to DoD on the desirability of providing such free coverage
only to those who serve in combat. The cost would rise substantially if
the proposal were expanded to provide such free coverage to all 2.3
million servicemembers. The FY06 cost (based on the current SGLI
premium rate) would be $269 million. If the SGLI monthly premium rate
were to increase to $.075 per $1,000 (as is projected in year 2010),
the annual cost would be $310 million.
Question 5: Is VA engaging in additional outreach to surviving
spouses of National Guard and Reserve members? If yes, then what does
this outreach consist of?
Response: Surviving spouses of National Guard and Reserve members
who die on active duty are provided the same personal service that is
offered to surviving spouses of active duty personnel. This service is
provided regardless of the cause of death (combat, disease/disability,
vehicle accident, suicide, etc.). A Casualty Assistance Officer (CAO)
is designated at each VBA regional office. In coordination with the
military's casualty assistance call officer, the VA CAO personally
visits the surviving spouse to provide information about and assistance
with benefits administered by the VA. In some instances, personal
visits are also made to surviving parents. All claims for dependency
and indemnity compensation (DIC) based on an in-service death are faxed
to a centralized processing unit at the Philadelphia Regional Office.
Our goal is to process DIC in-service death claims within 48 hours of
receipt. A 6-month follow up letter is sent to the surviving spouses as
a reminder of other benefits such as Dependents Educational Assistance
to which they may be entitled.
senator john thune
Question 1: In the 108th Congress we eliminated the spousal benefit
Social Security offset to provide more assistance to surviving spouses.
This Congress we have been asked to eliminate the Disability and
Indemnity offset for spousal benefits as well. What are the long term
costs associated with such an initiative and how will it affect other
veterans or defense spending priorities?
Response: The elimination of the spousal offset of payments under
the Survivor Benefit Plan (SBP) due to receipt of VA Dependency and
Indemnity Compensation (DIC) would have no impact on VA costs.
Currently, when making an initial award of DIC benefits, VA coordinates
with the Defense Manpower Data Center to determine the amount of SBP
that had been paid up to the time VA prepares its award. An accrual is
established in the VA DIC award to recoup the amount of SBP already
paid from the retroactive award. These recouped benefits are then
transferred to the Defense Finance and Accounting Service to be
returned to the appropriate account. Therefore, there would be no
additional cost to VA if such a change were made. The additional costs
would be borne by the Department of Defense.
Question 2: Understanding survivor benefits can be a difficult
task, particularly when trying to deal with the loss of a loved one. Do
you think that survivors adequately understand their options? Does the
VA provide assistance to help survivors understand their rights and
benefits?
Response: VA provides benefits applications to survivors of
deceased veterans who had been receiving benefits at the time of their
death. If the surviving spouse applies for benefits, a determination is
made as to whether the survivor is entitled to DIC and/or death
pension, and awards whichever is the greater benefit.
In the case of in-service deaths, working with the Department of
Defense, the DD Form 1300 (Report of Casualty) is emailed to VA Central
Office and then forwarded to the VA regional office casualty assistance
officer (CAO) closest to the residence of the surviving spouse.
Outreach visits are scheduled with the families in coordination with
the assigned military casualty assistance call officer. During the
personal visit, the VA CAO provides information about and assistance
with applying for VA benefits. VA Pamphlet 21-02-1, Benefits and
Services for Survivors of Servicemembers Who Die on Active Duty, is
left with the surviving spouse. The pamphlet explains all VA benefits
and provides telephone numbers and the address of the VA website for
further information and assistance. If requested, the VA CAO will
conduct a follow up visit. The pamphlet is a letter size tri-fold with
a pocket that can be used to save/store documents.
DIC applications based on an in-service death are faxed to a
centralized unit at the Philadelphia Regional Office for processing.
Our goal is to process in-service death DIC claims within 48 hours of
receipt.
Bereavement counseling is also available through the VA Vet
Centers. A follow-up letter is sent to the surviving spouses
approximately 6 months after a DIC award is made. Its purpose is to
remind surviving spouses of the range of VA benefits available to them.
The VA Insurance Service also has a special outreach program for
veterans who are recently separated and are terminally ill and the
families of those veterans. Through this outreach, we assure the
veterans and their families that the veteran's Servicemembers' Group
Life Insurance (SGLI) is still in force during the 120-day conversion
period after separation and that the veteran is entitled to the SGLI 1-
year disability extension if he/she was totally disabled at separation.
SGLI beneficiaries are entitled to free, personalized, objective
financial counseling called Beneficiary Financial Counseling Service
(BFCS). BFCS has been in use in the SGLI and Veterans Group Life
Insurance programs since October 1999 and provides the services of
certified financial planners and other financial professionals who are
trained and experienced in handling a wide range of financial
situations.
Question 3: Based on the 2004 study DoD conducted comparing
military survivor benefits to their civilian counterparts, what
deficiencies do you believe need to be addressed in order to improve
the overall effectiveness of what appears to be a first class program?
Response: VA offers a comprehensive array of benefits to survivors
of veterans who die in service. These include Servicemember's Group
Life Insurance, DIG, Dependents Educational Assistance for the
surviving spouse and children over the age of 18, educational
counseling, and home loan guaranty benefits. Survivors are also
entitled to civil service preference for Federal Government employment
opportunities.
The supplemental appropriations request for fiscal year 2005 that
the President sent to Congress on February 14, 2005, includes a
proposal to increase the maximum amount of SGLI and VGLI coverage to
$400,000.
senator richard burr
Question 1: What are the current availabilities of electronic
information that surviving family members can access without having to
go through a Casualty Assistance Calls Officer (CACO) or other benefits
expert?
Response: The VA website includes a special section containing
information about survivors' benefits. A survivor can also email a
question to VA via the VA website. Such inquiries are directed to the
regional office nearest the inquirer's residence through area code
identification. Information can also be obtained through the VA's toll
free telephone service at 1-800-827-1000.
The VA Insurance website (www.insurance.va.gov) provides
information about all VA life insurance benefits. Information available
includes an overview of the Beneficiary Financial Counseling Program
and how to obtain services, insurance claim forms that can be
downloaded, and an ``Insurance Needs Calculator'' tool to assess life
insurance needs, as well as handbooks and brochures that give a
comprehensive look at all VA insurance programs. Survivors can also
email their specific questions through our site, or use the toll-free
numbers provided to speak to an insurance representative.
Question 2: What do you plan to do to make information more
accessible electronically to surviving family members so they can have
an additional resource when benefit and process questions arise?
Response: We continually update and add new content to our sites to
ensure that all visitors' needs are addressed. We use the sites to keep
servicemembers, veterans and their beneficiaries apprised of new
programs and events and to provide answers to the most frequently asked
questions received by our representatives via phone and e-mail.
Chairman Craig. Now let us turn to Mark Ward, Senior Policy
Advisor, Casualty, Mortuary and Funeral Affairs Honors, Office
of the Deputy Under Secretary of Defense. Thank you.
STATEMENT OF MARK L. WARD, SENIOR POLICY ADVISOR, CASUALTY,
MORTUARY AND MILITARY FUNERAL HONORS, OFFICE OF THE DEPUTY
UNDER SECRETARY OF DEFENSE, DEPARTMENT OF DEFENSE
Mr. Ward. Thank you, sir. Mr. Chairman and Members of this
distinguished Committee, thank you for the opportunity to be
here today to discuss the Department's policies and procedures
on assisting families of the servicemembers who die while on
active duty in the Armed Forces. I have a short oral statement
and I request that Mr. Abell's statement be entered into the
official record.
Chairman Craig. Without objection.
Mr. Ward. Mr. Chairman, I have focused my comments on three
important areas of Mr. Abell's statement that bear on the
substance of this hearing, casualty assistance, the assignment
and training of a Casualty Assistance Officer, and death
benefits.
I have been privileged to work these important issues for
the last 10 years, including the final 6 years of my 26-year
active duty Marine Corps career. I have delivered the sad and
tragic news to family members, provided casualty assistance,
and presented our Nation's flag to the families of the fallen
in over 400 instances. There is no assignment or job
opportunity that I consider more important or challenging than
to assist families during the most tragic times of their lives.
When a military member dies, our first concern is to inform
the next-of-kin as promptly as possible in a manner that is
dignified, professional, and highly respectful. A uniformed
representative of the military service concerned shall make
initial notification in person to the primary next-of-kin
unless unusual circumstances prevent such procedures.
Additionally, whenever a casualty occurs as a result of either
hostile action or a terrorist activity, initial notifications
are also made to the parents who are considered secondary next-
of-kin. No information concerning the military member will be
released to individuals, agencies, the media, or the general
public until 24 hours after the appropriate next-of-kin have
been notified.
Our Casualty Assistance Program is highly developed and
well suited to effectively perform this difficult task. To
ensure that our policies and programs stay current and address
the needs of our servicemembers and their families, we chair a
joint Casualty Advisory Board that meets three times a year to
review, assess, and recommend appropriate changes. Attendance
at these meetings includes the casualty heads from each of the
Military Services, the Joint Staff, representatives from other
Federal agencies such as the Department of Veterans Affairs and
the Social Security Administration, non-profit organizations,
family support groups, and surviving family members. This
partnership approach on policy development, especially
involving those who have experienced a loss and received the
follow-on assistance, guarantees that our program is addressing
the required services to meet the needs of our servicemembers
and their families.
In each case in which a military member is declared
deceased or missing, the Military Service concerned appoints a
Casualty Assistance Officer to advise and assist the primary
next-of-kin. Among the services, Assistance Officers are
referred to by different names, but their roles and
responsibilities are essentially the same.
The Assistance Officer maintains contact with the next-of-
kin to keep them informed on all matters related to the case
until the case has been resolved and all entitlements and
benefits are received. There is no time limit on how long
assistance will be provided. The families know that they can
contact their Assistance Officer at any time for assistance
during the days, weeks, months, and sometimes years later for
assistance. Once assigned as an Assistance Officer, this
becomes their primary responsibility.
Casualty Assistance Officer can be officers, staff
noncommissioned officers, or senior civilian employees. A
sample listing of the duties and responsibilities of the
Assistance Officer include become the family's point of contact
with the respective service, provide assistance in making
contact with other Federal or State agencies, run interference
when problems arise, coordinate the return of personal effects,
assist the family with any required travel requirements, assist
the family with burial arrangements, and assist in completion
of all the required forms for applying for the various benefits
or entitlements, including DoD benefits such as the death
gratuity benefit.
This benefit provides an immediate source of financial
assistance to support the family with unexpected financial
requirements. The amount is currently $12,420 and normally paid
within 24 to 48 hours.
Funeral costs--the Government pays the costs of the burial
and DoD will reimburse some or all of the expenses the family
pays directly. Depending on the options selected by the family,
the family can qualify for reimbursement up to $6,900.
Housing, in-kind, or cash allowance--families of
servicemembers who reside in military housing may remain in
housing without cost for up to 6 months after the member's
death. If they vacate housing prior to the expiration of the 6-
month period, they receive a cash allowance for the remaining
time. And for the family members who do not occupy Government
quarters, they are paid the 6-month allowance.
The DoD survivor benefit plan is a monthly payment from DoD
equal to 55 percent of the retired pay the member would have
received if he or she had retired with total disability on the
date of death. And community privileges, such as commissary,
theater, and exchange, as well as Veterans Administration and
Social Security benefits.
It is important to note that Assistance Officers are not
experts in all relevant areas in the areas the family members
may have questions. If an answer is not known, the Assistance
Officer will find an expert and ensure the family gets accurate
information.
Assignment as a Casualty Assistance Officer can be one of
the most challenging and emotionally charged duties a
servicemember will ever assume. Until assigned to an actual
case, Assistance Officer duties are normally assigned as an
additional responsibility. Therefore, it is extremely important
that we train and prepare them as much as possible to succeed.
We only get an opportunity to do this right once. As a result
of this dedicated and professional assistance and a genuine
desire to assist families of a fallen brother or sister, we
often hear from families that they consider the Casualty
Assistance Officer part of their family.
Assistance Officers can be assigned from the unit of the
deceased, from the parent installation, or from the unit
closest to where the family is located. The Military Services
ensure that their personnel assigned Casualty Assistance or
notification responsibilities receive appropriate training.
Training is conducted in multiple ways--a review of applicable
Service Directives or Instructions, hard-copy Casualty
Assistance Guides, courses of instruction in formal schools,
classroom instruction, training videos, video teleconferencing,
and distance learning via the Web.
When possible, a servicemember who has prior assistance
experience normally assists first-time Casualty Assistance
Officers. Because this is not always possible, the services and
my office are available by phone, fax, and e-mail to provide
help to an Assistance Officer facing an unfamiliar situation.
This is also the reason why only senior personnel are selected
for this responsibility.
Mr. Chairman, thank you again for the opportunity to
provide information on the Department's Casualty Assistance
Program. Our goal is to provide the very best support and
assistance possible to our family members during the worst of
times and to assure them that we are there for as long as they
need us.
Mr. Chairman, this concludes my statement. I am also
accompanied today by Mr. Tom Tower, our expert on DoD survivor
benefits. We welcome the opportunity to respond to your
questions, sir.
Chairman Craig. Mark, thank you very much for that
testimony.
[The responses of Mark Ward to written questions follows:]
Written Questions for Mark Ward, Senate Veterans' Affairs Committee,
Committee on Veterans' Affairs
senator larry e. craig, chairman
Question 1: Getting a good Casualty Assistance Officer assigned to
a survivor seems to be a ``hit or miss'' proposition. How do you
explain this? Do the military services have any way to measure the
quality of services provided by Casualty Assistance Officers?
Response: Characterizing the assignment process for Casualty
Assistance Officers (CAO) as a ``hit or miss'' proposition is
inaccurate and unmerited. The Military Services all have sound systems
in place to select and train quality assistance officers to accomplish
this challenging assignment. Once assigned to a case, the Services
monitor the individual Casualty Assistance Officer's interaction with
the family and provide a feedback mechanism to assess the quality of
the assistance.
In the Army, Navy, and Marine Corps, Casualty Assistance Officers
are drawn from officers with at least two years of active duty or from
senior enlisted personnel. Each Casualty Assistance Officer is a
professional who realizes that he or she represents their Service at a
critical moment in a military family's life. They are committed to
providing the same high level of support to the grieving family that
they would want their own families to receive under similar
circumstances.
Each Servicemember assigned to this duty receives a standardized
block of instruction prior to being assigned to assist a surviving
family member. Once a CAO is assigned to a family member, he or she
receives an additional briefing tailored to the particular case.
From the time of initial assignment, to submission of the final
report to close the case, Casualty Assistance Officers provide many
different kinds of support for the grieving military family. Once
assigned as a Casualty Assistance Officer, supporting the family is the
Casualty Officer's fulltime job. They act as liaisons on behalf of the
next-of-kin with service and support agencies (e.g., Department of
Veterans Affairs, the Social Security Administration). They assist with
the burial, completion of claim forms for benefits/entitlements, and
identify/coordinate need for, family support (financial, medical,
morale). In performing these duties and others unique to each family,
military Casualty Assistance Officers draw on an extensive support
system at the local, regional and headquarters level. At the local and
regional levels, they can draw on their installation's legal,
personnel, and family support services. Questions and issues of greater
scope can be referred to Military Department subject matter experts for
immediate response.
Authorities in the Military Services monitor the Casualty
Assistance Officer's progress. Reports are filed on each case. Surveys,
feedback forms, and follow-up visits allow the respective Military
Departments to assess the satisfaction of the fallen Servicemember's
family and the performance of their Casualty Assistance Officer.
Immediate corrective action is taken to address any shortcomings,
whether it is with the individual or a process improvement to the
system.
Question 2: There is unprecedented reliance on Guard and Reserve
units to supplement the regular components of the Armed Forces. Who
provides casualty assistance services to survivors of an activated
Guardsmen or Reservist? Are they drawn from the ranks of the deceased's
unit? If so, what assistance is given to those units to ensure the
information they are providing survivors is current and accurate?
Response: Casualty assistance is a total force requirement and the
Services treat all duty deaths the same, regardless of the member's
component. If a Reserve or Guard component member is on active duty at
the time of his/her death, that Servicemember's family is entitled to,
and receives, the same support for his or her family regardless of the
deceased member's component.
A Casualty Assistance Officer (CAO) is assigned in each case. The
selected CAO, whether active duty, Reserve, or Guard, receives the same
training and is held to the same high standards in carrying out this
critical mission. Proximity of the nearest trained CAO to the family,
not component, is the primary factor in assigning a CAO to a family. If
an activated Guardsman or Reservist's unit is geographically located in
the area of the next-of-kin, a member from that unit is usually
assigned.
senator daniel k. akaka, ranking member
Question 1: What is being done to ensure the timely return of
personal effects from Servicemembers killed overseas?
Response: Personal effects of deceased Servicemembers are processed
and returned to the Person Eligible to Receive Effects (PERE) as
expeditiously as possible. Those personal effects that accompany the
remains, such as wedding rings, necklaces, medallions or other items of
sentimental value are cleaned and either delivered to the family by the
remains escort officer or processed and sent to the family through
their Casualty Assistance Officer.
All other personal effects of deployed Servicemembers who die in
theater are immediately secured and inventoried by the unit and shipped
through the mortuary affairs collections points to the Theater Personal
Effects Depot in Kuwait. In Kuwait the personal effects are staged for
trans-shipment through Dover Air Force Base to undergo cleaning and
processing at the Joint Personal Effects Depot (JPED) at Aberdeen,
Maryland. After final processing, the depot sends the belongings to the
Casualty Assistance Officer for delivery to the family.
Prior to deployment, Servicemembers often place additional personal
effects in temporary storage. If the Servicemember becomes a casualty,
those personal effects are collected, inventoried, and prepared for
shipment to the PERE by way of the Casualty Assistance Officer. The
Services will honor the PERE request to have personal effects shipped
to them directly without the assistance of the Casualty Assistance
Officer.
The Services have developed automated tracking systems that
continue to improve the accountability and timeliness in returning
personal effects to the PERE. Some delays have been experienced when
the identification of the PERE is not readily apparent, when family
members engage legal authorities to seek ownership of the personal
effects, or when a PERE must be appointed by a local magistrate or
civilian court as a guardian to receive personal effects. This occurs
rarely, when the next-of-kin is a minor.
Question 2: What impact would there be to the Army, Navy, and
Marine Corps Casualty Assistance Programs if all Casualty Assistance
Officers (CAO) were civilian employees? Does DoD have any proposals to
address the complaint from survivors about the transient nature of the
Casualty Assistance Officer?
Response: Changes in the Service casualty assistance, programs are
constantly being considered to ensure the most effective, thoughtful
and timely delivery of services to surviving family members. There are
no data available to suggest that the use of civilians to accomplish
this important mission would enhance Service programs. Family members
have overwhelmingly indicated their acceptance and appreciation of the
current assistance officer processes. A strong indication that the
current system is working, and working well, is that Navy headquarters
has not received a single complaint from surviving family members about
the assistance officer or the assistance rendered in more than five
years.
Collectively, the Services and the Office of the Deputy Under
Secretary of Defense (Military Community and Family Policy) meet
formally at least three times a year to review the policies and
programs that make up the Department's casualty assistance program and
to learn from one another's experiences. Informally, these same offices
communicate via phone and e-mail on an almost daily basis to ask
questions of one another, exchange ideas, and to work in tandem to
enhance the support we provide to the grieving military families.
To describe the CAO assignment process as ``transient'' is both
unfair and inaccurate. Each family is told that it will have a CAO to
assist, as long as necessary. This is an open-ended commitment;
therefore, it may be necessary on some occasions to change the CAO
during the process. However, when this does happen, the new CAO is
fully briefed on the requirements of the position as well as
particulars of the family. The incoming and outgoing CAOs will meet
with the family together to review the still-remaining assistance
requirements. The transfer of casualty assistance duties mostly occurs
due to relocation of next-of-kin. In these cases, coordination is
conducted with the military unit closest to where the family will
relocate to provide any necessary follow-on assistance.
Question 3: What mechanism exists to inform next of kin of the
circumstances surrounding the death of a Servicemember?'
Response: When a Servicemember dies, every effort is made to
provide as much information to the next-of-kin as can be substantiated
in fact. Often initial information surrounding the death is sketchy,
therefore Casualty Assistance Officers are directed to pass only
information that has been absolutely verified, even if minimal, to the
families. As a follow on, commanders write condolence letters and
usually telephone the family to provide additional details that are
available. Some families request to speak with Servicemembers who were
with their loved one at the point of death, to know about their last
moments and words. When such requests are received, they are relayed to
the appropriate Servicemembers, if known, and they decide whether or
not to make contact with the requesting family member.
It is Department of Defense (DoD) policy to keep; primary next of
kin informed on matters relating to DoD investigations. Information is
often the most important element of support that DoD can provide in the
aftermath of the loss of their loved one. Depending on the
circumstances of death, final conclusions on cause and events
surrounding the death may take some time to verify. All Services take
great care not to speculate or pass on unverified information. After
investigations are completed and reports released, the next-of-kin are
provided reports from the Armed Forces Medical Examiner, the unit's
collateral investigation and any other pertinent released reports.
Families continue to be informed as long as any new information becomes
available concerning the death of the Servicemember.
Question 4: What impact would there be if widows and dependent
children were allowed to utilize ``Space A'' travel on military
aircraft?
Response: Space-available travel is a privilege that accrues to
active duty military members as an avenue of respite from the rigors of
military duty. Although travel is available to other categories of
travelers at a lower priority, the principal objective of the privilege
is the morale and welfare of those currently serving on active duty.
Unfortunately, the system is limited by mission requirements and
resource restraints. Extending full space-available travel privileges
could overtax present resources and diminish the limited benefit
currently available. Those authorized space-available travel are often
already disillusioned by the contrast between the promise of space-
available travel as a benefit of military service and the reality of
the lack of available seats and the arduous conditions often
encountered when they use the system. At this time, any increase in the
number of people who are eligible for and seek space-available travel
would adversely affect the DoD's ability to support those entitled to
the privilege and the ability to effectively accomplish the airlift
mission support activities.
Question 5: As a result of lessons learned from deaths of
Servicemembers in OEF and OIF, what improvements have been made to the
military services' Casualty Assistance Programs?
Response: All the Services continuously refine and enhance their
processes as a result of lessons learned from OEF and OIF. All the
Service Casualty Offices aspire to hone their casualty notification and
assistance programs to become more responsive to the needs of the
family, and they routinely compare notes with one another toward that
shared goal. In addition to a consistent sharing of information,
Service casualty offices and the OSD oversight offices meet three times
a year to review and assess our policies and procedures to ensure they
remain current. To further enhance the Department's desire to lean
forward on this important issue, these meetings, called Casualty
Advisory Boards, include representatives from other Federal Agencies
such as the Department of Veterans Affairs and the Social Security
Administration, non-profit organizations, family support groups, and
surviving family members. This partnership approach on policy
development, especially involving those who have experienced a loss and
received the follow-on assistance, guarantees our program is addressing
the required services and concerns to meet the needs of our
Servicemembers and their families.
The deployment of the Defense Casualty Information Processing
System (DCIPS) to the theater of operations has significantly
streamlined the casualty reporting process. In addition, the enhanced
use of DCIPS has ensured more timely notification to and support of the
families of the fallen. DCIPS is being improved to better track the
wounded in action and monitor their progress from time of injury
through the Medical Treatment Facilities, rehabilitation, and final
return to duty, medical discharge or medical retirement.
Since the commencement of OEF and OIF, the Services have developed
enhanced capabilities through casualty assistance drills, certification
courses in grief and bereavement and advanced casualty assistance
training. In addition to in-person and casualty assistance handbook
training, the Services have developed Web-based training with one
Service incorporating video interviews with previously assigned
casualty officers that provide insight and advice on how to best
provide casualty assistance. After completion of casualty assistance
responsibilities, the Services' Casualty headquarters contact the
casualty officers to obtain their perspective on the training they
received and the available resources. Feedback from these evaluations
is passed to other casualty coordinators for use in making continuous
program improvements.
The ongoing demands of the Global War on Terrorism have caused the
Services to develop innovative ways to train and share qualitative
improvements in the casualty assistance process. This includes monthly
newsletters, video. teleconferences with casualty assistance
coordinators, and a collaboration site that encourages discussion
forums and sharing of lessons learned. The site also has a growing
casualty-related resource reference library.
All of the Services provide information to the families on their
benefits and entitlements. This information is both printed and Web-
based and includes information for key resources such as, the
Department of Veteran Affairs, the Social Security Administration, the
U.S. Citizenship and Immigration Service, among others. Information for
the survivors must be in a flexible format because benefits change
based on annual economic adjustment and statutory changes.
Question 6: What is being done to ensure that there is a consistent
standard for the training of Casualty Assistance Officers across the
Services? How is this training being applied to the Reserve components,
including the National Guard?
Response: The challenge of providing the proper amount of training
prior to the necessity of having to use it is recognized by every
Service without regard to the component of the Servicemember. The
Department of Defense establishes standards and guidance for Casualty
Assistance in the Department of Defense Instruction 1300.18, ``Military
Personnel Casualty Matters, Policies, and Procedures.'' All Military
Services abide by this Instruction. Casualty Assistance Officers (CAO)
can be assigned from the unit of the deceased, from the parent
installation, or from the unit closest to the family's location. The
Military Services ensure that all active, Guard, and Reserve component
personnel assigned casualty assistance or notification responsibilities
receive appropriate, standardized training. Training is conducted in
multiple ways: review of applicable Service Directives and
Instructions, hard copy casualty assistance guides, course of
instruction at formal schools, classroom instruction, training videos,
video teleconferencing, and distance learning via the Web. Service
Casualty offices are available at every stage of the training process.
Casualty Assistance Officer training is a commander's
responsibility. All Commands are required to identify members (active
duty, Guard or Reserve) to support the Services' Casualty Assistance
Program. Therefore, the Service Casualty Headquarters routinely
monitors training classes conducted throughout their respective
Services to ensure standardization to the maximum. extent possible. All
potential CAOs get the same training.
Collectively, the Services and the Office of the Deputy Under
Secretary of Defense (Military Community and Family Policy) meet
formally at least three times a year to review the policies and
programs that make up the Department's casualty assistance program and
to learn from one another's experiences. Informally, these same offices
communicate via phone and e-mail on an almost daily basis to ask
questions of one another, exchange ideas, and to work in tandem to
enhance the support we provide to the grieving military families.
senator richard burr
Question 1: What are the current availabilities of electronic
information that surviving family members can access without having to
go through a Casualty Assistance Calls Officer (CACO) or other benefits
expert?
Response: The current availability of electronic information for
surviving family members is extensive. During the casualty assistance
process, family members are provided a wealth of information that is
available to them on-line via the Web that they can access at any time.
Specific examples include: Department of Defense Websites and
individual Service Websites that explain, among other items, the
casualty assistance process including benefits and entitlements,
military pay, mortuary benefits, and military funeral honors. Family
members are also provided access information to other sites such as
TRICARE, Defense Finance and Accounting Service (DFAS), Servicemembers
Group Life Insurance Program, Survivors Benefit Plan and other Federal
Agencies such as the Department of Veterans Affairs and the Social
Security Administration. Additionally, family members are provided
Website information on non-profit: organizations such as Tragedy
Assistance Program for Survivors (TAPS), Gold Star Wives of America,
American Gold Star Mothers, and various other Veterans Service
Organizations. A phone number, most often toll-free, to each of these
organizations, or Websites, is also provided to our family members for
their use.
When the Department or the Military Services identify an additional
resource that could be of some assistance or benefit to our family
members, this information is added to the list and provided to all
family members during the casualty assistance process.
Question 2.: What do you plan to do to make information more
accessible electronically to surviving family members so they can have
an additional resource when benefit and process questions arise?
Response: Family members currently have unlimited access to all
known electronic sites that should be able to provide them with the
information necessary to answer their questions or address their
concerns. The Casualty Assistance Officer or the Service Casualty
Headquarters Office is always available to provide any kind of
assistance sought by a family.
[The prepared statement of Mr. Abell follows:]
Prepared Statement of Hon. Charles S. Abell, Principal Deputy Under
Secretary of Defense, Department of Defense
Mr. Chairman and Members of this distinguished Committee, it is my
privilege to discuss the means by which we care for the severely
wounded, as well as the surviving families of deceased military
personnel.
support to the severely wounded
Each of the services has initiated an effort to ensure that our
seriously wounded servicemembers are not forgotten--medically,
administratively, or in any other way. To facilitate a coordinated
response, the Department has established a Joint Support Operations
Center. We are collaborating, not only with the military services, but
also with other departments of the Federal Government, non-profit
organizations, and corporate America, to assist these deserving men and
women and their families.
A number of our severely injured servicemembers will be able to
return to duty, thanks to their dedication and commitment, and the
phenomenal quality of military medicine. Some, however, will transition
from the military and return to their hometowns or become new members
of another civilian community. These are capable, competent, goal-
oriented men and women--the best of our Nation. We will ensure that
during their rehabilitation we provide a ``case management'' approach
to advocate for the servicemember and his or her family. From the joint
support operations center here, near the seat of Government, to their
communities across America, we will be with them. This will continue
through their transition to the Department of Veterans Affairs, and the
many other agencies and organizations providing support to them.
I have mentioned that the Joint Support Operations Center is a
collaborative effort, both inside and outside the Government. I
recognize and appreciate the interest and expressed desire of the
Congress to help ensure the success of this effort. As we identify the
need for statutory changes, we will be certain to make you aware and
seek your assistance
Twenty-four hours a day, 7 days a week, 365 days a year, we are a
toll-free phone call away. We will provide a venue for each of the
separate programs to be successful, while ensuring that no one falls
through a crack. The Center will be a one-stop location, providing a
central point of contact for information and support.
preventing injuries
The Department actively pursues all methods to prevent our military
members from bodily harm. As technology has dramatically advanced from
previous wars, the military has increased its lethality, but our
equipment is safer, and our warfighter is more highly skilled.
With your support, we strive to provide the best military equipment
in the world and ensure that it is safe to operate. For example, we
believe that body armor, helmets and protective vests, are reducing
both hostile and accidental serious injuries. This is supported by
preliminary analysis, which indicates that most injuries are to the
body extremities, arms and legs, with less severe injuries to the head
and torso areas.
Secretary Rumsfeld's initiative to change how the Department of
Defense views the safety of its military personnel and civilian
employees also has made an impact. Our goal is zero preventable
mishaps. We have taken a major step in that direction. We are
succeeding: in Operation Iraqi Freedom (OIF). Historically, about half
of the Army 's wartime losses were due to accidents; in OIF, about 26
percent of the losses result from preventable mishaps.
When injuries do occur, far-forward medical and surgical
resuscitation, en route critical care support and rapid evacuation to
definitive care have significantly reduced combat-related deaths. This
is very evident in OIF as we have a ratio of only one battle death for
every ten wounded in action, compared to ratios for previous wars that
ran typically around 1 to 3. With improved treatment we are also seeing
48 percent of the wounded in Iraq return to their units within 72
hours.
Similarly, our Military Health System has made significant advances
in the prevention of injury and disease. These include public health
measures, immunization of servicemembers, use of early detection
techniques against biochemical agents, and pre- and post-deployment
assessments. These have been particularly beneficial in prevention and
early detection and treatment of disease and non-battle injuries.
Consequently, disease/non-battle injury rates have been lower than in
any other conflict.
death benefits
We realize first that no benefits can replace a human life. The
lost presence of the family member is what the survivors face. We can't
provide that, nevertheless, we must try to address the difficult issue
of how to compensate these survivors. Permit me to offer you an
overview of what we do in response to the loss of a military member,
including personal assistance, as well as cash benefits.
Our system of benefits is generally good, but our recent
assessment, in response to your direction, concluded that the overall
package could be improved to honor properly the contributions and
sacrifices of our servicemembers. We are working within the Department
and with other agencies to address these deficiencies, primarily in the
area of immediate cash compensation, for those whose death is the
result of hostile actions. We are looking at ways to improve the lump
sum payments through increased insurance and death gratuity payments. I
will address these in more detail later.
military casualty assistance
When a military member dies, our first concern is to inform the
next-of-kin in a manner that is fast, efficient, and highly respectful.
Our military casualty assistance program is highly developed and well
suited to perform this difficult task effectively. Notification is made
in person by Casualty Assistance Office personnel who are customarily
accompanied by a chaplain.
Casualty Assistance Office personnel stay with the family following
notification of the loss, through funeral preparations, burial, and the
entire process of determining benefits and compensation. They provide
valuable counsel and support to the families, arranging for the
military funeral (if desired), running interference when problems
arise, and ensuring that the families receive the benefits and
compensation due them. The families know that they can contact their
Casualty Assistance Office representative at any time, even long after
the servicemember's death. We are proud of our Casualty Assistance
program. We often hear from the families that they consider their
Casualty Assistance Office representative ``part of the family.''
The Department continuously explores how it can better support our
family members during the most tragic of times, the loss of a loved one
in the service to our Nation.
One such initiative is the expedited claims process (ECP) with the
Social Security Administration. In March 2003, we partnered with the
Social Security Administration to study the possibility of
institutionalizing the ECP that was so effective in the tragic
aftermath of September 11, 2001. The ECP incorporates post-adjudicative
development of evidence, as well as the use of a special toll-free
number for applicants and Casualty Assistance Officers to call when
they are ready to file. This process has been extremely successful in
providing swift financial assistance to our families. The final results
of the pilot program showed the average claims processing time dropped
from several weeks to an average of just over 2 days time. Accordingly,
the ECP was made permanent in January 2004 for surviving family members
of all active duty casualties. We established a similar arrangement
with the Department of Veterans Affairs several years ago. That program
has also significantly expedited the delivery of compensation and
benefits to our families.
benefits for survivors
Benefits for survivors vary significantly in purpose and method of
payment. Some are immediate cash payments or reimbursements for costs
incurred; others provide long-term monthly income. These benefits are
typically available whether the death is a result of hostilities, the
result of non-hostile duty-related activities, or even the result of
disease or off-duty injuries.
Death Gratuity Benefit--The first benefit is to provide an infusion
of cash to alleviate immediate financial requirements. This is
accomplished by the death gratuity payment (currently $12,420, indexed
to inflation). Our intent is to provide this payment in conjunction
with the notification of death or as quickly thereafter as possible.
This is done at the local level and normally takes place within 24
hours.
Funeral Costs--One of the first expenses survivors encounter is for
the funeral. DoD will reimburse some or all such expenses the family
pays directly. The amount payable varies depending which Government
services are provided. If the family pays all costs, it qualifies for
up to $6,900 in reimbursements for these services.
Insurance Proceeds--After the funeral, the most substantial benefit
is the life insurance proceeds from personal policies as well as from
SGLI, or Servicemembers' Group Life Insurance. This is our principal
insurance program and is under the purview of the Department of
Veterans Affairs (VA), operated by the Office of Servicemembers Group
Life Insurance (OSGLI), an arm of Prudential. SGLI provides up to
$250,000 of coverage for modest premiums paid by the member. The
Department of Defense pays any costs associated with an increased
number of deaths attributable to the extra hazards of military service
compared to the number of deaths expected in peacetime.
Housing-in-kind or Cash Allowance--A surviving family may continue
to live in military housing without cost for up to 6 months after the
member's death. This enables the members' family to reorient their
lives without undue pressure to relocate immediately. They are able to
make choices about the future in an orderly manner. Should the family
not occupy military housing or move out of military quarters before the
end of those 6 months, they receive a cash allowance in lieu of
quarters. In essence, we provide 6 months of transitional rent.
Medical Benefits--Surviving family members continue to qualify for
military medical benefits. For the first 3 years, health benefits
remain at the same level of care as if the member were still on active
duty. Family members are then provided medical coverage at the same
level as for the families of retired members. Children remain qualified
until age 23, and spouses so long as they do not remarry.
Continued Military Community Privileges--Surviving family members
continue to be eligible for use of the Commissary and Exchange, and
military morale, welfare, and recreation facilities. These privileges
continue under the same qualifying criteria that otherwise apply if the
member were retired.
Monthly Cash Compensation--The surviving family typically qualifies
for one or more monthly cash benefits under plans administered the DoD,
the VA, and by the Social Security Administration. Taken together, the
surviving spouse with minor children will typically qualify for monthly
benefits that are equal to or even exceed the former income of the
member. These payments are reduced in the event of remarriage before a
certain age. Although Survivor Benefit Plan payments from DoD are
taxable as income, little or any tax will apply if the payments are
made to the children. The VA Dependency and Indemnity Compensation
(DIC) benefit is not taxable. Social Security payments can be taxable
depending on the other income, but would probably be minimal for a
survivor with little or no other income. Thus, the income provided the
surviving family would carry little or no tax liability.
VA Monthly DIC--DIC is provided by the VA to the surviving spouse
with additional payments for children. For a spouse and two children,
this benefit is $993 monthly plus $247 per Child (Plus if there are
children under age 18, $250/month for 2 years). This equates to $20,844
of tax-free income annually for the first 2 years, and $17,844
thereafter so long as the children are not of age (the benefit for a
spouse alone is $11,916 annually for life or until remarriage if before
age 57). The DIC is fixed for all veterans regardless of rank in
service.
DoD Survivor Benefit Plan (SBP)--The family also qualifies for a
monthly payment from DoD equal to 55 percent of the retired pay the
member would have received if he or she had retired for total
disability on the date of death. This retired pay is computed as 75
percent of the member's average basic pay over the last 3 years. If the
spouse alone qualifies for this benefit, the DIC is subtracted from the
SBP. However, it may be paid instead to the children and the benefits
are then additive for as long as the youngest child qualifies (about
age 22).
Social Security Survivor Benefit--Military members participate in
Social Security on their basic pay and thus qualify for the same
benefits as any other covered worker. This means monthly payments for
children as well as to the surviving spouse with young children (up to
age 16). These benefits depend on the history of covered wages under
the Social Security program.
The table below summarizes these income benefits for married 0-3s
and E6s with two children as well as a married E6 with no children, and
a single E6. For a married E6 with two children (8 years of service),
the total of these three programs pays more than 110 percent of the
member's final rate of Regular Military Compensation (RMC). For a
married O-3 with children, the total equates to 96 percent of RMC. In
both cases, much of the income is tax free. Thus, the family's after
tax income could actually be higher than RMC.
Education Benefits from the VA--Education benefits from the VA are
quite valuable and are available to both the spouse and the children.
These benefits are payable for up to 45 months of education time and
can easily exceed $100,000 for a spouse and two children.
[GRAPHIC] [TIFF OMITTED] T0729.001
Financial Counseling--A final, but important benefit is the
financial counseling available to survivors. There are many
associations that provide such benefits, some of them chartered for
special status by the Congress, for example, the Mutual Aid
Associations. Each has programs that help members and survivors
understand their benefits. Anyone who receives proceeds under the SGLI
program qualifies to receive continuing financial counseling service
through a program set up by the VA. The Beneficiary Financial
Counseling Service (BFCS) provides a highly valuable benefit for
survivors. This program provides a comprehensive assessment of the
lifetime financial plan of beneficiaries, including a full presentation
of the benefits described in this paper.
We are currently in the process of testing a Servicemembers Benefit
Analysis program through an Army pilot. We are also developing simple
spreadsheet tools to help describe available benefits for service
personnel. We expect to see rapid improvement in our capability to
deliver financial counseling over the next several months.
adequacy of benefits
The Fiscal Year 2004 National Defense Authorization Act included a
requirement for us to study the totality of all current and projected
death benefits for survivors of deceased members of the Armed Forces.
The study was to include a comparison of military with other Federal
death benefits as well as with commercial and other private sector
death benefit plans. The Government Accountability Office (GAO) was to
conduct a similar study.
To ensure an independent review, we contracted for the study with
the SAG Corporation. SAG completed the study in June 2004. The study
concluded that the system of benefits provided to survivors of members
who die on active duty to be adequate, substantial and comprehensive.
However, it identified areas where improvements could make the benefits
more comparable to benefits provided by other employers. For example,
many large employers provide some insurance at no cost. The rationale
of providing Federal benefits in recognition of deaths in the
performance of duty of law-enforcement officers and firefighters, would
seem to apply as well to military members.
GAO's report, dated July 2004, ``Survivor Benefits for
Servicemembers and Federal, State, and City Government Employees'' made
no recommendations, but reached findings similar to the SAG report. GAO
found servicemembers almost always obtain higher lump sums than do the
survivors of 61 civilian Government entities, but the survivors of
civilian Government employees in some high-risk occupations may receive
supplemental benefits. These supplemental payments generally result in
higher benefits to employees in these high-risk occupations than for
servicemembers.
As you can see from the foregoing, the benefits provided are
substantial. They come from a wide variety of programs and address a
variety of concerns. They provide significant continuing income and are
of great help to survivors in making their transition through the
changes in life that inevitably follow a member's death. A surviving
spouse with young children has the potential to receive more than $2
million over her or his remaining lifetime.
We agree with the findings of the SAG and GAO reports that our
benefits, while substantial, do not provide specific recognition of
deaths that occur when our members are sent into harms' way in the
service of their Nation; so we propose increasing the cash benefits for
deaths that occur under these circumstances. We support the principle
that the surviving family of a member killed in combat should receive
about $500,000. This compares to the approximately $262,000 they are
able to receive today. We advocate doing this by: (1) Increasing the
maximum SGLI to $400,000 with $150,000 of insurance funded by the
Government when the member is serving in an operation or area
designated by the Secretary of Defense, (2) Increasing the current
$12,420 death gratuity to $100,000 for deaths occurring in these same
designated areas, and (3) Applying these improvements retroactively to
the beginning of Operations Enduring Freedom and Iraqi Freedom. We
intend to fund these enhancements within planned appropriations or
budgeted levels.
These improvements I have outlined in benefits are an outgrowth of
the conclusions in both the SAG and the GAO reports that I discussed
above. We have drafted language to make these improvement and are eager
to move this legislation forward. Our bill, while not identical, is
broadly consistent with other bills already introduced in the 109th
Congress, such as the HEROES Act of 2005.
Our objective is to ensure that we fully support our servicemembers
when we send them in harm's way, and that we properly support the
family's needs if the servicemember dies on active duty.
Chairman Craig. Now let me turn to Frederick Streckewald,
Assistant Deputy Commissioner for Disability and Income
Security Programs, Social Security Administration. Welcome to
the Committee, Frederick.
STATEMENT OF FREDERICK G. STRECKEWALD, ASSISTANT DEPUTY
COMMISSIONER FOR PROGRAM POLICY, SOCIAL
SECURITY ADMINISTRATION
Mr. Streckewald. Thank you. Chairman Craig, Members of the
Committee, thank you for inviting me to testify about Social
Security benefits available to the survivors of the brave men
and women who serve in our Armed Forces and who have given
their lives in service to their country.
I would first like to say that I, too, was moved by the
testimony of Mrs. Petty and Mrs. McCollum and I would like to
apologize to Mrs. Petty on behalf of the Social Security
Administration for any rudeness she received from us. That is
completely unacceptable under any situation.
The difficulties they face remind us of how important
Social Security is to young surviving families. We admire their
courage and we are grateful for their ultimate sacrifice made
by their spouses.
I will briefly discuss our procedures to expedite claims
for the survivors of the military personnel. These procedures
are similar to those implemented following the September 11,
2001, terrorist attack. I will then describe Social Security
benefits that are paid to survivors and explain how these
benefits are computed.
Last year, the Social Security Administration paid about
$490 billion to over 47 million Social Security beneficiaries.
Thirty percent of our beneficiaries are disabled workers and
their families and survivors of deceased workers, widows,
widowers, and children.
The Social Security Administration has responded quickly to
help families who have lost a loved one in the Armed Forces of
our great Nation. SSA personnel are well trained to handle
these claims in a compassionate, accurate, and timely manner.
Working closely with the Department of Defense, SSA implemented
special instructions to expedite the processing and payment of
claims filed by survivors of all servicemembers who die on
active duty.
All claims for survivors' benefits based on the records of
military casualties are being processed by a special staff in
our Philadelphia payment center. Families of servicemembers
calling to apply for survivor benefits using our toll-free
number will have their call transferred to this special staff
in Philadelphia, where an application will be completed and the
necessary evidence will be discussed. In addition, SSA has
established a toll-free number to allow these claimants to call
this special staff directly in Philadelphia. To prevent any
possible loss of benefits, SSA allows a third party, such as
the Casualty Assistance Officer, to file applications on behalf
of any survivors.
By having these claims expedited through a special central
processing unit, SSA is able to process these cases in an
average of 2 to 3 days. In many cases, these claims are
processed the same day the call is received. And for those who
prefer to file in person at their local Social Security office,
that option, of course, remains available.
The monthly cash benefit Social Security pays to the
survivors of deceased servicemembers are the same benefits paid
to the survivors of all insured workers. In 2004, Social
Security paid over $14.5 billion in benefits to over 1.9
billion surviving children and approximately $1.5 billion to
184,000 widowed mothers and fathers. In December 2004, the
average monthly benefit paid to surviving spouses caring for
workers' children was $689 per month. With respect to surviving
families, the average monthly benefit paid to a family
consisting of a surviving spouse and two or more children was
$1,905 per month.
For survivors to be eligible to receive benefits, the
deceased worker must have credit for a certain amount of work
that is covered under Social Security. Active duty military
service employment has been covered by Social Security since
1957. For servicemembers who die at age 27 or earlier, only six
quarters of coverage, basically a year-and-a-half of work are
needed for the worker's survivors to be eligible for benefits.
This required coverage can be obtained from earnings while in
the military and earnings before military employment.
Let me now briefly outline who can qualify for survivor
benefit payments. A widow, widower, or a surviving divorced
spouse who meets certain duration of marriage requirements can
begin receiving benefits at age 60, or if disabled, at age 50.
On the other hand, a widow, widower, or surviving divorced
spouse who is caring for an entitled child of the worker who is
under age 16 or is disabled can qualify for benefits. So if the
child is under age 16 or the child is disabled, the parent
caring for the children, can receive benefits, and there is no
duration of marriage requirement.
In addition, the child of a deceased worker can receive
benefits if the child is under age 18 and unmarried, or is
under age 19 and attending elementary or secondary school full
time or is disabled.
Social Security benefits are based on the deceased worker's
primary benefit, which is based on Social Security covered
earnings over the worker's lifetime. Monthly benefits payable
on a worker's record are limited to a statutory family maximum.
The family maximum ranges from about 150 percent to about 188
percent of the worker's primary benefit and usually applies
when more than two survivors are eligible for benefits on the
worker's records.
In conclusion, I want to again thank the Committee for
inviting me to testify today about the important role that
Social Security plays in providing economic security for the
families of those in our Armed Forces who have lost lives in
the service of our Nation. I will be happy to answer any
questions.
Chairman Craig. Thank you very much for that testimony.
[The prepared statement of Mr. Streckewald follows:]
Prepared Statement of Frederick G. Streckewald, Assistant Deputy
Commissioner for Program Policy, Social Security Administration
Chairman Craig and Members of the Committee, thank you for inviting
me to testify about Social Security benefits available to the survivors
of the brave men and women who serve in our Armed Forces.
In my testimony I will discuss our procedures to expedite claims
for the surviving family members of our military personnel who have
given their lives in the service of our country and the current
conflicts in Iraq and Afghanistan. These procedures are similar to
those implemented following the September 11, 2001 terrorist attacks. I
will also describe the types of Social Security benefits that are paid
to these widows, widowers, and children and how these benefits are
computed.
Last year, the Social Security Administration (SSA) paid about $490
billion in benefits to over 47 million beneficiaries. Social Security
is much more than a retirement program. Thirty percent of our
beneficiaries are disabled workers and their families and survivors of
deceased workers--widows, widowers and children. Among those counting
on the protection of Social Security are our young servicemen and
servicewomen and their families. They, and the millions joining the
system every year, are relying on Social Security for a major portion
of their future financial security.
At Social Security, we are committed to delivering high quality,
citizen centered service. We offer our services in person at our nearly
1,300 field offices located throughout the country, via our toll-free
telephone service (1-800-772-1213) and via our website
(www.socialsecurity.gov).
special procedures
The Social Security Administration, in the best tradition of public
service, has responded quickly to help families who have lost a loved
one in the Armed Forces of our great Nation. We are grateful to our
servicemen and servicewomen for the sacrifices they make in defense of
our freedom, and we take great care in assisting the families of those
who have made the ultimate sacrifice. SSA personnel are well-trained
and experienced to handle these claims in a compassionate manner.
Further, we are committed to processing these claims in an accurate and
timely manner.
Working closely with the Department of Defense, SSA implemented
special instructions to expedite the processing and payment of claims
filed by survivors of all servicemembers who die on active duty. All
claims for survivors benefits based on the records of military
casualties are being processed by the Immediate Claims Taking Unit in
our Philadelphia payment center.
Families of servicemembers calling to apply for survivor benefits
using SSA's toll-free 800 number will have their call transferred to
this special staff, where an application will be completed and
necessary evidence discussed. In addition, SSA has established a toll-
free number to allow claimants to call this special staff directly. To
prevent any possible loss of benefits, SSA allows a third party, such
as the Casualty Assistance Officer, to file applications on behalf of
any survivors.
By having these claims expedited through a special central
processing unit, SSA is able to process these cases in an average of 2-
3 days. In many cases, these claims are processed the same day the call
is received. However, for those who prefer to file in person at their
local office, that option remains available.
social security survivor benefits
Now, I'd like to turn my focus to the importance of survivor
benefits.
Social Security is especially valuable for workers who die before
they are able to accumulate additional assets towards providing
security for their survivors. By providing a monthly benefit that is
inflation adjusted, Social Security benefits also ensure that the
purchasing power for the survivors will not erode over time.
The monthly cash benefits Social Security pays to the survivors of
deceased servicemembers are the same benefits paid to the survivors of
all insured workers. In 2004, Social Security paid over $14.5 billion
in benefits to over 1.9 million surviving children and approximately
$1.5 billion to 184,000 widowed mothers and fathers. In December 2004,
the average monthly benefit paid to surviving children was $625; the
average monthly benefit paid to surviving spouses caring for the
worker's children was $689. With respect to surviving families, the
average monthly benefit paid to a family consisting of a surviving
spouse and two or more children was $1,905.
For survivors to be eligible to receive benefits, the deceased
worker must have credit for a certain amount of work that is covered
under Social Security. Active duty military service employment has been
covered by Social Security since 1957. Depending upon the worker's age
at death, as few as 6 quarters of coverage from any work covered under
Social Security may be sufficient for the worker's survivors to be
eligible for benefits. (Six quarters of coverage represents 1\1/2\
years of work.) The maximum requirement for coverage under Social
Security is 40 quarters of coverage.
Social Security benefits for survivors are based on the deceased
worker's ``primary benefit''. The primary benefit is the same benefit
amount paid to workers who receive Social Security disability insurance
benefits or who wait until the full-benefit retirement age (FRA) to
claim benefits. (The FRA is currently age 65 and 6 months for workers
reaching age 65 this year, but will gradually increase to age 67.)
The first step in computing the worker's primary benefit is to
update (index) the worker's earnings to reflect today's dollars. Then
the worker's indexed earnings are averaged over a period of years. (For
servicemembers and other workers who die at age 29 or earlier, just the
highest 2 years of indexed earnings are counted for this average.)
Finally, a benefit formula is applied to the worker's average earnings
amount to compute the worker's primary benefit.
Monthly benefits payable on a worker's record are limited to a
statutory maximum, known as the family maximum. The family maximum
ranges from about 150 percent to about 188 percent of the worker's
primary benefit, and usually applies when two or more survivors are
eligible for benefits on the worker's record.
The following requirements apply for Social Security survivor
benefits:
Widow/Widower (of deceased worker)
Married to the worker at least 9 months. (If the death is
accidental or occurs in the line of duty while the deceased is a member
of a uniformed service on active duty, the 9 month requirement is
waived.) Or divorced from the worker after 10 years of marriage.
Benefits are available at:
<bullet> Full-benefit Retirement Age (FRA) (100 percent of the
worker's primary benefit)
<bullet> Age 60 to FRA (100 percent of worker's primary benefit
permanently reduced for each month of the widow/widowers entitlement
prior to FRA)
<bullet> Age 50-59 and disabled (71.5 percent of the worker's
primary benefit)
At any age to a surviving spouse or surviving divorced spouse,
without a duration of marriage requirement, if caring for an entitled
child of the deceased worker, under age 16 or disabled (75 percent of
the worker's primary benefit).
Child (of deceased worker) and Meets One of Following Requirements:
<bullet> Under age 18 and unmarried (75 percent of worker's primary
benefit)
<bullet> Attending elementary or secondary school full-time at age
18 and through the end of the school term in which age 19 is attained
(75 percent of the worker's primary benefit)
<bullet> Disabled child, age 18 or over, who was disabled before
age 22 (75 percent of the worker's primary benefit).
Dependent Parent Age 62 or Older (of deceased worker)
<bullet> One surviving parent (82\1/2\ percent of worker's primary
benefit)
<bullet> Two surviving parents (75 percent of worker's primary
benefit payable to each parent).
Lump-Sum Death Payment
A one-time amount of $255 is payable, upon the death of an insured
worker, to a spouse with whom the worker was living at the time of
death or to a spouse or child who is eligible for monthly survivor
benefits for the month of the worker's death.
In conclusion, I want to again thank the Committee for inviting me
to testify today about the important role that Social Security plays in
providing economic security for the families of those in our Armed
Forces who have lost their lives in the service of our Nation. For
decades, the Social Security program has provided this protection and
is as important as ever. Social Security employees reflect the highest
ideals and the finest traditions of our Agency in making real our
common goal of providing prompt and caring service to those affected by
the war on terror.
I will be happy to answer any questions you may have regarding the
benefits that the Social Security Administration pays to survivors of
our servicemembers.
Chairman Craig. All of you were present for the testimony
and the questioning of the first panel, I believe, and it is
certainly my observation and the observation of some of my
colleagues that there is clearly a disconnect in an accurate
and complete flow of information to a surviving spouse at a
time of a casualty. Recognizing the environment in which that
information first comes and then the continuity as that spouse
and family move forward becomes very obvious from that
testimony.
I guess, Mr. Ward, the thing that all of us try to
understand under those circumstances is how do we get a
complete amount of information to a surviving spouse in a
timely and responsible fashion and bring around them the
necessary services and informational flow to allow them, when
appropriate, to make the right judgments and decisions?
Senator Graham mentioned, and it was certainly, I think,
many of our thoughts as we were listening to this testimony
that the military works awfully hard at taking care of its own,
and responsibly so, and that responsibility falls under the
Casualty Assistance Officer. At the same time, we heard clear
testimony that that is sometimes, if I can be blunt, a hit-and-
miss proposition, that it doesn't have the continuity that it
obviously must or should have, that the information flow isn't
as accurate or as timely and that it is only by phenomenal due
diligence on the part of the widow that they begin to
understand the total array of benefits that might be available
to them.
How do we improve this situation?
Mr. Ward. Well, thank you very much for the question,
Senator. I can tell you up front that what I heard also this
morning in the stories, and I don't know the specifics
surrounding each of those specific cases, but they were
certainly alarming to me to hear some of the things that they
indicated about the lack of getting accurate information in a
timely fashion.
One of the things we have heard today also is that this is
an extremely complex issue. Our Casualty Assistance Officers
are very unique in the respect that some are better than
others. We go to great lengths to ensure that they are
appropriately trained, provided all the necessary tools to do a
good job, but again, delivery of those services are going to be
as best to the individual's individual ability to be able to do
that.
What we have done is, in part of our feedback from family
members to ensure that our programs are working as intended to,
not only do we get feedback from individual Casualty Assistance
Officers after they have provided service to the families for
as long as necessary, but we also have follow-up mechanisms to
ask family members in follow-up letters, survey letters, if you
will, are there any additional items pending, again expressing
our condolences, and do they have any recommendations on how we
can improve our processes.
We want to ensure that if there are any lingering issues
out there that we address them appropriately and quickly. We
don't want family members to go off with things unanswered,
questions still in their minds of things they think they should
be entitled to or receive. We want to be able to address them
very quickly.
Some of the questions or some of the issues that were
brought up this morning about Casualty Assistance Officers
assigned and then they move on, you know, there was a
disconnect there. We have several issues or policies in place
to ensure that when a commander assigns an Assistance Officer
to work with a family that that individual is going to be there
for as long as possible.
We also understand that, periodically, some cases are going
to take longer than others to resolve and those individuals are
going to move on, and so we have processes in place to do a
warm handoff, to do a tradeoff, such as if I am leaving, if I
am the Casualty Assistance Officer and you are the family I am
dealing with, I will bring my replacement in to meet you so
that you know exactly who is going to be working with you after
that.
What we have to do, an improvement, I think, in our
guidebooks that we provide families to encapsulate all their
benefits and entitlements and phone numbers that they can call.
The services all produce guides that they provide survivors
that they can review the benefits that they have been provided
or are getting and if they have any additional questions that
they can call on, so we can do a little bit better there.
Chairman Craig. At the time of contact, certainly--and I am
quite sure not in the immediate sense, but in days to follow--
is anything as comprehensive as that list over there on the
easel that gives the example of the spouse and her family and
all of the total benefit packages within DoD, within VA, and
within Social Security that are available to them handed to
them?
Mr. Ward. No, sir. There is not a single document they are
provided. As I indicated earlier, our Casualty Assistance
Officers are not experts in all those areas. But what they do,
and through their process of working with the families, is to
put the family in contact or facilitate that contact with the
experts in those various agencies to ensure that the family
members get accurate information on the benefits from that
particular agency.
Chairman Craig. Well, I think that is part of my
frustration. I worked with our Government a good many years and
sometimes the right hand and the left hand don't communicate
until they are forced to or until they are caused to, when, in
fact, they make, when joined together, the total picture and
the total package. And certainly to the individual on the
outside of Government, we are a very large black hole. And if
we are not helping facilitate that, we are not really helping,
especially when you can't provide a single clear picture of
totality of benefit even though there is a necessary need to
hand that individual through the process from agency to agency.
Mr. Ward. If I could defer a little bit to my colleague
here, Tom might be able to address some of the things that we
are doing in that particular regard.
Chairman Craig. Tom.
STATEMENT OF THOMAS R. TOWER, ASSISTANT DIRECTOR OF
COMPENSATION, OFFICE OF THE DEPUTY UNDER
SECRETARY OF DEFENSE, DEPARTMENT OF DEFENSE
Mr. Tower. Mr. Chairman and other distinguished Members, I
would just like to first say how deeply I appreciate the
sacrifices made by your earlier panel members and other members
of the audience who have lost loved ones. It is very touching
to hear their stories and we are moved that we do have some
areas where we don't quite measure up and we certainly want to
try to do our best to improve. I have talked to Mrs. Smith on
numerous occasions at length and it is always a wonderful
opportunity to hear from people like her.
We are working in this area. There is a study ongoing to
report out this spring to provide this kind of a service. The
Army is the lead agency on this. They contracted with a private
corporation to look at ways to use technology to bring this
kind of information to servicemembers, not only at the time of
a casualty and crisis, but to members before that happens, as
well. As one of the widows expressed this morning, you need
this information to look at beforehand, sort of kind of to
think about and be prepared. So we have that ongoing study and
hope that will lead to some sort of service that will provide
that kind of single document.
I believe all the services also have this service or
similar services available through the associations that
provide this kind of service, like Navy Mutual Aid and Army-Air
Force Mutual Aid Associations, and I think some of the widows
were members of that and have availed themselves of that.
We also rely on the VA for the fine service that they are
providing through the beneficiary financial counseling service,
and I think this can provide exactly what these widows are
looking for, maybe not in the exact format that we have seen
here, but all of this information, and perhaps our colleagues
from the VA could speak to this, should be available through
that beneficiary financial counseling service. That is, I
believe, like a $2,000 value that is presented to any SGLI
recipient, beneficiary, as being available to them.
If, as I heard this morning from the widows, they are not
hearing about it, I think this is where we have a shortfall and
need to address why aren't people becoming aware that this
counseling service is available, because I think this would
help them in understanding how they can manage their proceeds
from the insurance as well as the annuity-type benefits that
are being provided or education-type benefits to best achieve
the financial results that they are looking for as surviving
families.
So I think we are doing a few things. I think we have some
things, but I am a little concerned that they are not quite as
visible as we had hoped they would be.
[The responses of Thomas M. Tower to written questions
follows:]
Written Questions for Thomas M. Tower, Senate Veterans Affairs
Committee, Committee on Veterans' Affairs
senator larry e. craig, chairman
Question 1: The survivors' advocates on our first panel all
testified about available technology, which shows customized, current
and forward-looking information about survivor benefits. Why doesn't
the Government have this sort of integrated system available?
Response: The Department is monitoring the Army's pilot program to
implement a Servicemembers Benefit Analysis Online (SMBA) system. The
Army awarded a contract to Resource Consultants, Incorporated (RCI) in
September 2004 to conduct a concept validation of SMBA Online. RCI is
assessing the effectiveness of existing means of benefits counseling
with a focus on deploying personnel and is expected to submit its
findings in July 2005.
As the Department continues to pursue technological means to
provide accurate and customized benefits information, each of the Armed
Services has military casualty assistance programs in place to provide
surviving families with counseling on financial assistance, military
benefits, and entitlements. The casualty officer assigned to a
surviving family provides valuable support and counsel to ensure that
they understand the full complement of benefits that will accrue to
them. The casualty officers assist the families with completing and
submitting the paperwork to ensure expeditious processing of these
benefits. During the casualty assistance process, the families are also
provided Websites that give additional detailed. information on each
benefit or entitlement.
Question 2: On February 1, 2005, the Administration announced its
proposal to increase death gratuity payments to $100,000. I am
concerned about the impact increasing the gratuity might have on a
young, single Servicemember's willingness to remain in the Government's
group insurance plan. If young, healthy Servicemembers decline
coverage, what would be the impact on premiums? Have the potential
``unintended consequences'' of these proposals been thoroughly
examined?
Response: The purpose of the death gratuity is to provide immediate
cash to meet the needs of survivors. The death gratuity is geared
toward helping survivors meet immediate expenses incurred, such as
burial costs and/or transportation of family members to funeral
locations. The Servicemembers Group Life Insurance (SGLI) is an
insurance program that enables Servicemembers to increase substantially
the amount available to their beneficiaries in the event of their
death. Not only are there different reasons for the two streams of
money, many Servicemembers may not be able to obtain affordable life
insurance because of their age or military assignments. Some private
plans may not insure persons in high-risk groups or may not pay for
combat-related death. SGLI has affordable premium rates, giving them
the opportunity to provide for their survivors in the event of their
death. The VA sets the premium rates to keep the program sound, keeping
in mind affordable rates to the member. All members are automatically
enrolled in SGLI at the maximum level. Historically more than 90
percent (even higher during times of war) of all members retain the
maximum SGLI coverage. Our proposed, enhancements would not only
increase the maximum coverage to $400,000, but also would require
spousal concurrence to decline or reduce SGLI coverage. We are
confident that overall SGLI participation rates will remain at their
historically high levels.
senator daniel k. akaka, ranking member
Question 1: Is DoD currently capable of compiling a complete
benefits analysis for a survivor upon the death of a Service member? If
so, is this analysis similar to the product that the Armed Forces
Services Corporation makes available to its customers? If not, what are
the necessary steps that DoD would need to take to be able to make this
information available to survivors?
Response: It is not appropriate under current acquisition rules to
comment on the capabilities of a commercial product. The Department is
monitoring the Army's pilot program to implement a Servicemembers
Benefit Analysis Online (SMBA) system. The Army awarded a contract to
Resource Consultants, Incorporated (RCI) in September 2004 to conduct a
concept validation of SMBA Online. RCI is assessing the effectiveness
of existing means of benefits counseling with a focus on deploying
personnel and is expected to submit its findings in July 2005.
Each of the Armed Services military casualty assistance programs
provides. surviving families a complete analysis on military benefits
and entitlements. The casualty officer assigned to a surviving family
provides valuable support and counsel. The CAO works closely with the
family to ensure that the full complement of benefits is understood.
The casualty officers assist the families with completing and
submitting the paperwork to ensure expeditious processing of these
benefits. During the casualty assistance process, the families are also
provided Websites that give additional detailed information on each
benefit or entitlement.
senator john thune
Question 1: In the 108th Congress we eliminated the spousal benefit
Social Security offset to provide more assistance to surviving spouses.
This Congress we have been asked to eliminate the Disability and
Indemnity offset for spousal benefits as well. What are the long term
costs associated with such an initiative and how will it affect other
veterans or defense spending priorities?
Response: The Survivor Benefits Plan (SBP) program, as enacted,
ensured that payments from all Federal survivor benefits totaled at
least 55 percent of the member's retired pay (or in the case of an
active duty death, the amount of retired pay as if the member retired
on the date of death). Both SBP and Dependency and Indemnity
Compensation (DIC) for active duty deaths are fully funded by the
Government. Thus, the offset of DIC from SBP avoids the duplication of
Government benefits. Since retirees pay premiums to cover a portion of
SBP funding, those premiums attributed to the reduction for DIC are
returned to the beneficiary, generally in a lump-sum payment.
The Fiscal Year 2004 National Defense Authorization Act did
authorize survivors of members who die on active duty who have children
to elect to have the SBP paid to the children. Thus, for Servicemembers
who die on active duty, survivors have the option to pay DIC to the
spouse and SBP in the children's name, which avoids the offset.
Eliminating the SBP offset for all widows entitled to DIC would
cost the Military Retirement Fund more than $5 billion over 10 years.
Question 2: Understanding survivor benefits can be a difficult
task, particularly when trying to deal with the loss of a loved one. Do
you think that survivors adequately understand their options? Does the
VA provide assistance to help survivors understand their rights and
benefits?
Response: The Department is working to improve access to accurate
survivor benefits information. There are initiatives underway to meet
this goal. The Department is monitoring the Army's pilot program to
implement a Servicemembers Benefit Analysis Online (SMBA) system. The
Army awarded a contract to Resource Consultants, Incorporated (RCI) in
September 2004 to conduct a concept validation of SMBA Online. RCI is
assessing the effectiveness of existing means of benefits counseling
with a focus on deploying personnel and is expected to submit its
findings in July 2005.
As the Department continues to pursue technological means to
provide accurate and customized benefits information, each of the Armed
Services has military casualty assistance programs in place to provide
Servicemembers and their families with counseling on financial
assistance, military benefits, and entitlements. The casualty officer
assigned to a surviving family provides valuable support and counsel to
ensure that they understand the full complement of benefits that will
accrue to them. The casualty officers assist the families with
completing and submitting the paperwork to ensure expeditious
processing of these benefits. During the casualty assistance process,
the families are also provided Websites that give additional detailed
information on each benefit or entitlement.
The VA has a comprehensive pamphlet for survivors of Servicemembers
who die on active duty. In addition to information on burial benefits,
the pamphlet outlines programs including Vocational Rehabilitation and
Employment Services, Work-Study Employment, Civil Service Preference,
Education Program Refunds, Home Loan Guaranty, Dependency and Indemnity
Compensation, and Dependents' Education Assistance.
Question 3: Based on the 2004 study DoD conducted comparing
military survivor benefits to their civilian counterparts, what
deficiencies do you believe need to be addressed in order to improve
the overall effectiveness of what appears to be a first class program?
Response: The Department contracted with the SAG Corporation in
2004 to conduct an independent study on the Department's death benefits
program. The study found the system of benefits provided to survivors
of members who die on active duty to be adequate, substantial and
comprehensive. However, it identified a lack of recognition for direct
sacrifice of life, as is provided by the Public Safety Officers'
Benefit Act (pays over $267,000 to survivors in recognition of deaths
in the performance of duty of law-enforcement officers and
firefighters). Additionally, a 2004 GAO report, ``Survivor Benefits for
Servicemembers and Federal, State, and City Government Employees,''
found the survivors of civilian government employees in some high-risk
occupations may receive supplemental benefits for deaths while
performing dangerous duties. The Department's proposed death benefits
program enhancements recognize the direct sacrifice of life in service
to the Nation.
Chairman Craig. Admiral, I will come back to you in a
moment to follow up on the question that I think is appropriate
from Tom's observations, but first, let me go to my colleague,
Senator Akaka.
Senator Akaka. Thank you very much, Mr. Chairman.
Admiral Cooper, I was impressed with the list of benefits
you explained that are provided by VA. What is VA doing to make
sure that surviving spouses are aware of these services?
Mr. Cooper. I would say that we made a great deal of
progress in the last couple of years because of the push that
we have had. First, we are working very closely with DoD on our
joint Casualty Assistance Program. I have a very good person
who is in charge of our outreach.
We have a VA worker in each regional office who is in
charge of casualty assistance. We follow the lead of the CACO,
or of the military Casualty Assistance Officer. We give him
this trifold pamphlet when he first visits the family. He then
gives us the forms necessary to claim the SGLI insurance and to
start the DIC. We try to do that within 2 days of getting that
paperwork.
When we are told that the family is available for our
people then we go to the family to talk to them about VA
benefits. But we do wait until we are told that they are ready
to talk to us rather than get in too soon.
As far as the financial counseling, when the SGLI insurance
is paid we send a letter and pamphlet advising that we have
this financial counseling service available. About 2 months
later, we will send another letter if the recipient has not
taken advantage of the benefit. And 6 months after that, we
will send another letter reiterate some of the VA benefits
they're entitled to, but may not remember at a time of such
great personal loss.
What we have found is a very low percentage of
beneficiaries take advantage of this financial counseling. We
continue to push it. But only about 3 percent have come back
and said we would like to participate and see what help we can
get. It is perhaps attributable to the fact that all of us get
lots of mail and sometimes we throw that mail away and don't
see it. I have very good people who are looking at it on a
continuous basis to try to increase participation.
Senator Akaka. Thank you for those details. I am interested
in the 3 percent participation rate and ask why is it only 3
percent. We have been talking about transparency,
communicating. It appears to me that is part of that problem.
But I am interested in knowing why it is only 3 percent.
Mr. Cooper. And I am, too, but let me mention, I am being
told that it is 8 percent.
[Laughter.]
Senator Akaka. It is growing.
Mr. Cooper. But the fact is, of the 3 percent who make
contact, 11 percent of that group completes the financial
questionnaires and gets a personalized financial report.
I can't tell you what the reason is. It is something that
we will continue working on. It is difficult to find out why
somebody doesn't do something. We are planning a survey to help
us determine why people are not taking advantage of this
benefit.
Senator Akaka. It is obvious that work needs to be done in
that area.
Mr. Cooper. I will mention one more thing. Prudential tells
us that this is a much higher return rate than they see on
their other group policies. So it is an interesting phenomenon,
but it is something we have to work on.
Senator Akaka. Yes.
Mr. Tower, you advocated that VA's financial counseling
service should be better utilized. This is the case here, too.
Is this counseling occurring at military installations by VA
personnel, and how accessible is this counseling?
Mr. Tower. I am not sure if the question is for me,
Senator, but I am not involved in any of the provision of the
counseling, so I would have to defer to our VA colleagues.
Mr. Cooper. The counseling is on an individual basis and so
it is a matter of that person, that spouse coming back in and
saying, I would like to take advantage of this counseling
service. At that point, it is strictly a one-to-one, starting
out with paper and then communication verbally as it goes
along. So it is not something that they would be made aware of
before the time came that they would want to use it. That is,
they wouldn't know about it before their spouse had been
killed.
Senator Akaka. Mr. Chairman, I see my time is up.
Chairman Craig. Go ahead.
Senator Akaka. Thank you.
Chairman Craig. I have got one more question. I am going to
be out of time here in just a few more minutes. Please proceed.
Senator Akaka. Mr. Ward, what do you think of making the
Casualty Officer duty more permanent in terms of conversion to
a GS position?
Mr. Ward. One of the services right now has that setup in
place, the Air Force. They have trained professionals at all 83
of their installations. They are all GS employees, GS-9 to 11.
When they are not performing casualty assistance duties, they
also perform duties as SBP counselors, SGLI counselors,
passport agents and the like. When they get assigned a casualty
assistance case, that becomes their primary responsibility
until they are finished with that particular case.
Now, that particular program works exceptionally well for
the Air Force. The other services and their programs that they
have where they don't utilize civilian personnel out in the
field, their programs work exceptionally well for them. The
service headquarters, of course, and the Casualty Officers are
made up of a combination of each to ensure that long-term
continuity and expertise at the headquarters level and/or at
the casualty area commands, if it is broken down by regions
around the country.
But to answer your question about what do I feel about
having those personnel be more permanent, like GS employees, I
think we would have to take that back and look at it a little
bit on each individual service basis because we also understand
that one size doesn't fit all. The expertise is already
resident at the service headquarters level and it needs to be
spread out a little bit more around the country.
Senator Akaka. I hope that expertise also includes up-to-
date information on compensation and other services that would
be available.
Mr. Ward. Yes, sir.
Senator Akaka. Mr. Streckewald, at this week's Senate
Armed Services hearing, Dr. Chu mentioned that the Social
Security Administration has developed an expedited claims
process for the delivery of Social Security benefits to the
families of deceased servicemembers. You also mentioned this in
your written testimony. Would you briefly explain how this
system works, and in your opinion, what can be done to improve
that program?
Mr. Streckewald. I would be glad to. We saw a need to make
sure that the survivor claims for our brave men and women lost
in battle were expedited and we put in place procedures that
were flexible, similar to the way we did after the 9/11
attacks. We wanted to get the benefits to people right away so
we relaxed some of our evidentiary requirements and expedited
those cases. In some cases, we got the proofs we needed after
we had already processed the case and started the payments.
That worked out very well.
So for the military deaths, we have a special unit that is
in the Mid-Atlantic Payment Service Center, which is in
Philadelphia, and they have an immediate claims-taking unit
there. When they receive the Form 1300, from the Casualty
Assistance Officer, either faxed or called over to that unit
from the Defense Department, that form acts as an indication of
death. It has the surviving members listed on the form. It has
proof of military service. So we already have a lot of what we
need just with that form.
One of our employees will then check to see if a claim has
already been filed, because the family may have already gone
into a local Social Security office and we don't want to
intrude upon them again if they have already taken care of it.
Our employees will look in the system. If a claim has not been
filed, they will look to see if the serviceperson was insured
for Social Security, which in most cases they are, and they
would contact the family and offer to take a claim from them
over the phone and explain what the benefit payments would be
if they were found eligible.
If the serviceperson for some reason was not insured, and
this might be because a newly-enlisted person had no prior work
and they had not been in the military long enough to get the
six quarters of coverage that a young person needs, then we
would compute the benefit that they would have received if they
had been insured for Social Security. We send information on
that amount to the VA and the VA then determines the benefit,
which I understand is very close to what our determination was,
and then the VA makes the payment. I don't know a lot about the
VA benefit process, but I know we do make that computation and
we send it to the VA.
Senator Akaka. Thank you for your responses.
Mr. Streckewald. We think our current process is working
very well. Most payments are processed within 2 or 3 days and
the checks are received shortly afterwards.
Senator Akaka. Thank you for the time, Mr. Chairman.
Mr. Ward. Mr. Chairman, if I could add just one more
comment.
Chairman Craig. Mr. Ward.
Mr. Ward. Thank you, sir. I just want to compliment the
Social Security Administration. We formed a partnership with
them a little over 2 years ago to work out a partnership based
on the model after September 11, and working in partnership
with the Social Security Administration, we took a system where
a family member would apply for benefits that would normally
take several weeks to resolve or for the family members to
start receiving those benefits down to just a little over a
couple of days that we are hearing today. And family members
have told us that they were very grateful, and one, they are
astounded they have two different Federal agencies working so
closely together in their behalf. But this really was a process
improvement to expedite delivery of services and benefits to
family members and it is a good thing.
Chairman Craig. That is good to hear, Dan, thank you.
Richard.
Senator Burr. Thank you once again, Mr. Chairman. I thank
all of you for your willingness to come in.
Mr. Ward, you had an opportunity to hear the testimony
especially of Tiffany and Jennifer.
Mr. Ward. Yes, sir.
Senator Burr. Is that the first time you have heard some of
the things, the issues they have raised?
Mr. Ward. No, sir, it is not. I am sorry--I am sad to hear
that, but the truthful answer is, no, that is not the first
time.
Senator Burr. What does it take for us to accomplish what I
think every Member said and certainly I think is the spirit of
the Committee, and that is let us quit talking and do something
to fix it? What does it take?
Mr. Ward. Well, clearly, I think, there is a need for us
to ensure that our personnel that are assigned to do the very
important casualty assistance duties are sufficiently trained
and prepared to go out and do that duty. As I indicated
earlier, there are some who do it much better than others, and
when we get feedback from family members that tell us that
there was a problem in the system, we take a look and listen to
their comments very seriously to see if, one, is that a problem
in our policies or procedures, or is that a problem with the
specific individual. Hopefully, it is the individual that we
can work on and maybe ensure that they never get assigned this
type of duty again because the families deserve better.
Senator Burr. When Tiffany Petty says, ``I was officially
notified from the Army of Jerrick's death the day after his
parents were notified,'' whose problem?
Mr. Ward. Well, again, sir, I don't know the specifics of
her particular case. I can tell you that the policy is to
notify the primary next-of-kin as expeditiously as possible,
and for those casualties that occur in a hostile situation or a
terrorist activity, we also notify the parents. When you have
family members that are located at various places around the
country and the Army or Navy, whatever service is involved,
send out Assistance Officers to notify all those family
members, we hope that the primary next-of-kin, in this
particular case the spouse, will be notified first. A lot of
times, the services coordinate their simultaneous
notifications.
We do have cases in the past, maybe not in Tiffany's
particular case, where the information on the record of
emergency data that the servicemember provides us has an
inaccurate address, or the address is accurate and the family
member may be on travel or visiting relatives elsewhere. So
there are a lot of things that go into those cases sometimes
where a family member doesn't get notified as expeditiously as
we would like.
Senator Burr. I think we all realize that each case is a
little bit different.
Mr. Ward. Yes, sir.
Senator Burr. Each case in total shouldn't add up to a lot
of reasons why something didn't happen before we sit and look
at the system and say, have we constructed it right? I think if
there is a message I would like all of you to leave with, I
would like you to start with a blank piece of paper and say, in
an ideal situation, given what we know today, how would we do
it differently? I think many things in this institution, within
Government, are done because that is the way we have always
done them.
When she says, ``When I spoke at a local Veterans' Day
celebration in October 2004, I learned the Army had not yet
paid my husband's funeral expenses at a local funeral home, it
should not have taken 9 months,'' does that disturb you? Can
that happen?
Mr. Ward. It concerns me to the part where, again, I don't
know the specifics of the case, but part of the counseling and
assistance to family members is an explanation of what burial
entitlements and burial benefits they are eligible for. And
depending on the options selected by the family will determine
what amount of support or money, basically, that the Government
will pay for.
Senator Burr. So what happens if they aren't informed of
that? What happens if there is a breakdown and nobody shares
that? Have we got a survivor that is out there now potentially
liable and it is her credit that is at risk?
Mr. Ward. Yes, sir. I can honestly say that I don't know
of any case where a family member has never been provided
information surrounding mortuary benefits. Part of the process,
when the servicemember dies on active duty, is for somebody in
the mortuary affairs community to go out and speak with the
family regarding disposition, and part of that disposition
process is to explain what the entitlements are, whether they
are going to have their loved one buried in a national
cemetery, whether they are going to have their loved one buried
in a private cemetery, who they want to prepare the remains,
what they want the Government to do. And based on their options
that they select regarding disposition, they can be eligible
for reimbursement from $600 all the way up to $6,900 if they
desire to do all the preparation and taking care of their loved
one's funeral themselves. Anything beyond that, then it is an
expense incurred by the family.
Senator Burr. I know my time has run out, Mr. Chairman. I
do want to stress with all of you with the same ease that we
have a tendency--I include myself with that--to turn and say
every situation has a different set of circumstances that
affect the outcome, it is important that when you construct
what it is we do that you realize each one of these individuals
potentially have a different set of circumstances, that there
is no black and white situation, and that if we are to
construct something that truly does fill the need of what we
are trying to do, it has to have flexibility. It has to accept
the fact that if our intent is to notify a spouse before we
notify a parent, that maybe there is a process we go through
that assures us that has been done before we put a spouse
through the anguish of wondering not whether his parents were
notified, who else knew before I did.
I am particularly sensitive to the fact that my wife still
lives in North Carolina. Trust me; I pay when she is the last
to know.
[Laughter.]
Senator Burr. Clearly, that doesn't reach the magnitude of
what some certainly have been here to explain to us, but I
think if we are deficient, I don't think it is we apply to them
the same excuse that we use, and that is that each case is
unique and potentially different. Therefore, our system has to
have the ability to address the uniqueness of it if we want it
to work and if we want those individuals to have the
compassion, the service, and the help that they are indeed
entitled to.
Once again, I thank you. Thank you, Mr. Chairman.
Chairman Craig. I have one concluding observation and then
one last question before we conclude the hearing.
Mark, you had mentioned that the Air Force was trying a
professional person in the sense of a Casualty Assistance
Officer different from the other services. You also mentioned
that one size does not fit all. I reflected on that thought
while others have been asking questions. I understand the
tremendous difference in our services. At the same time, I
don't think that Marine wives are tougher than Air Force wives
or Army wives. I don't think they can macho their way through
it.
I do believe that when a death occurs, one size does fit
all and there needs to be clear continuity and coordination and
the benefit needs to be exactly the same.
[Applause.]
Chairman Craig. And if it is working well for the Air Force
but we are getting reports of it not being as well done
elsewhere or there is a lack of coordination or there is a lack
of continuity, maybe we really ought to examine that service-
wide.
I am going to pursue that a little more. I want you all to
think about that. I know there is a study and work underway to
look at that, because I think in death, one size does fit all
when it comes to bringing your arms around and making everybody
totally aware of what they are eligible for and what is
available to them.
Lastly, in our first panel, survivor advocates testified
about available technology which shows customized, current, and
forward-looking information about survivors' benefits. I can't
imagine today, with the sophistication of our military, that
there isn't a software package that at the appropriate time
plugs Jennifer into it or somebody else into it and there is a
complete printout on what is exactly available through the VA,
certainly lost benefits through Social Security, and the
timeliness of accessing them.
I can appreciate, obviously, Admiral, the pamphlet you are
talking about and the flow of information and contact points.
But if I am dealing in the private sector with an insurance
company, I am quite confident that that insurance company does
provide that service of a complete printout of all that is
available and that the surviving spouse expects from that
particular policy.
I just think we have arrived at a time where what I am
hearing, while there is an effort here in Congress to recognize
death benefits and to contemporize them today, what we are also
finding is that when you look at the total package, there is a
tremendous amount out there already that is available to a
surviving spouse and his or her family and their children and
that we have built a substantial package over time and that
maybe the knowledge of that package, the information flow and
the continuity and coordination of that package is as important
as other kinds of benefits currently being talked about, and
that was partly the purpose of this hearing today and it will
be the pursuit of this Committee, to help that happen. So we
will be working with you in the immediate future to get that
done.
We are also, and I won't pursue it with you now, Admiral,
but as we are talking about the Servicemen's' Group Life
Insurance coverage and beginning to move that around in value
versus, let us say, casualty benefits and upping that, do we
create shifts within the makeup of the insurance? Do young,
single servicemen decide they don't need insurance anymore? All
of those kinds of mechanics and what does that do, could that
do to premiums, what I am trying to cause all of my colleagues
to do by these hearings is to look at the total package, not to
deny the need to modernize and adjust and add, but to recognize
that there is a total picture to be seen out there in providing
benefits and making sure that they are known, timely, and that
the surviving families are treated well.
Gentlemen, thank you very much for your time and your
presence here today. We will submit some questions in writing
to you to complete our record as we pursue what I think today
demonstrates is a clear need to tweak this, modernize it,
create some continuity, and to recognize that we are not
fulfilling our responsibility as completely and timely as we
ought to. Thank you very much.
The hearing will stand adjourned.
[Whereupon, at 12:44 p.m., the hearing was adjourned.]
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