Research - Rehabilitation - Re-Employment

Sgt. Shaft 08/05/2002

Dear Sgt. Shaft,
We write in response to your reader's letter on July 2nd (Dick B. of Falls Church, Virginia) that voiced opposition to allowing the widows of veterans who remarry after the age of 55 to continue to receive the Dependency and Indemnity Compensation (DIC). We strongly disagree with this reader's position and have introduced legislation in the Senate to correct this long-standing disparity. The Gold Star Wives of America brought this matter to our attention and we are grateful to them for working with us on this important bill.

We want to make sure that your readers know the facts behind our bill (S. 2602), which would allow widows of veterans to remarry without losing their benefits. This benefit covers the surviving dependents of members of the Armed Forces who died in active duty or of a service-connected cause. It is the only federal annuity program, which does not allow widows who receive compensation to remarry after the age of 55 and retain her benefits. Federal survivor programs like the Survivor Benefit Program (SBP) allows remarriage after 55 without the loss of compensation.

The current policy essentially asks these women, who were married to men who gave their lives for our country, to make an extraordinarily unfair choice. They have already had to endure great hardships and have doubtlessly made many sacrifices in their lives as a military wife. We should not ask them to sacrifice marriage after they have found companionship past the age of 55. These courageous women should not have to choose between the people they love and financial security.

By eliminating this marriage penalty, our bill will enable these women to depend on the assistance they need to make ends meet, without it standing in the way of them living their lives. Discouraging marriage after the age of 55 by making them financially burdensome is un-American. It has been pointed out that it is often the case in such marriages that both partners are living on fixed incomes. Given the frequently limited means of these couples, the loss of DIC compensation is a real deterrent to marriage.

Under our bill, S. 2602, these widows would not be denied their benefits if they choose to remarry. They could continue to support themselves but would not have to be alone to do so. Congressman Bilirakis (R-FL) has introduced the companion bill in the House, H.R. 1108. We encourage your readers to write to their Members of Congress and urge them to support this important legislation. We believe it is time that these inequities are addressed so that these women can continue to receive the benefits they deserve.

Sincerely,
Senator Hillary Rodham Clinton (D-NY) and Senator Kay Bailey Hutchison (R-TX)

Dear Senators Clinton and Hutchinson:
Thank you for your letter of support. I again reiterate the veterans advocate Michael Bilirakis (R-FL):

“Dependency and Indemnity Compensation is the benefit accorded to the surviving dependents of those members of the Armed Forces who died while on active duty or of a service-connected cause. DIC is the only federal annuity program that does not allow a widow who is receiving compensation to remarry after the age of 55 and retain her annuity.

I think it is a wonderful thing if an older person falls in love and decides to marry, and I don't think we should be discouraging such marriages by making them financially burdensome. For those remarrying after the age of 55, it is often the case that both partners are living on fixed incomes. The prospect of one partner losing financial benefits as a result of the marriage is a real disincentive. In fact, current law makes it virtually impossible for some couples to marry after age 55 because they simply cannot afford to do so and continue to support themselves.

I have heard from military widows from across the country who have found someone they would like to spend the rest of their lives with but cannot afford to do so because of the current law. Consequently, I have once again introduced legislation that would allow a military widow to remarry after age 55 and retain her DIC compensation. My bill, H.R. 1108, makes a simple change that could mean a great deal to those who find themselves in this predicament, and I hope you will join me in supporting this change.”

Shaft Kudos

To Secretary of Labor Elaine Chao for her important new initiative regarding eligibility of an employee for leave under the Family and Medical Leave Act (FMLA). 

With thousands of National Guard and reservists returning to their civilian occupations after temporary duty in support of the President's declaration of a national emergency following the attacks of September 11, the Secretary is reminding employers that, based on the Uniformed Services Employment and Reemployment Rights Act (USERRA), returning service members are entitled to all the benefits of employment that they would have obtained if they had been continuously employed. Under FMLA, an eligible employee must work for a covered employer, have worked for his or her employer for at least 12 months and must have worked at least 1,250 hours for that employer during the 12-month period prior to the start of the leave. A member of the National Guard or Reserve who is absent from employment for an extended period of time due to military service and who requests FMLA leave shortly after returning to civilian employment may not have actually worked for his or her employer for a total of 12 months or may not have performed 1250 hours of actual work with the employer in the 12 months prior to the start of the FMLA leave. Information about eligibility can be found online at www.dol.gov/vets or to the local office of the Wage and Hour Division (www.dol.gov/esa/whd) or by calling toll free at 1-866-487-9243 

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-462-4430 or email sgtshaft@bavf.org.

BAVF Home | Who We Are | Sgt. Shaft | Flag Week | Links | Financials | Search | Contact BAVF

BAVF - P.O. Box 65900, Washington, D.C. 20035-5900

Copyright BAVF 2002