Urges Congress enact Military Surviving Spouses Equity Act.
Note
The resolution aims to bring attention to these systemic issues and calls for Congressional action to support not only surviving spouses but also dependent children who may be affected in the absence of eligible spouses.
Impact
If enacted, the Military Surviving Spouses Equity Act would prohibit the offsetting of DIC against SBP annuities for surviving spouses under 60 years of age and would also eliminate existing repayments previously required from SBP recipients. This will provide a more equitable financial support structure for military survivors, ensuring they receive the full benefits promised to them without unfair deductions based on DIC compensation. The resolution emphasizes that military families deserve reliable benefits as acknowledgment of the sacrifices made by service members.
Summary
Assembly Resolution No. 106 urges Congress to enact the Military Surviving Spouses Equity Act, focused on addressing inequalities in benefits for surviving spouses of military personnel. The resolution highlights that current federal laws require surviving spouses to forfeit parts of their Survivor Benefit Plan (SBP) annuities when they receive Dependency and Indemnity Compensation (DIC) from the Department of Veterans Affairs. This legislation is aimed at removing such offsets, which unjustly diminish the benefits owed to military families, especially those whose loved ones died due to service-related causes.
Contention
Notably, the resolution points out that while Congress has taken steps in the past to support some survivors—such as increasing lump-sum death gratuities and instituting provisions that prevent offsets for remarried survivors over 57—these measures fall short for the majority of veterans’ survivors who have been disadvantaged by the current law. Critics of the status quo argue that the existing law creates an unfair financial burden on military families, a sentiment echoed in the findings of the Veterans Disability Benefits Commission, which has advocated for revising these harmful provisions. This creates a contentious landscape in the legislative discussion as stakeholders seek to rectify an injustice that affects a significant number of military survivors.
This bill requires the Department of Defense (DOD) to establish the Military Firefighters Compensation Fund to provide compensation to current and former military firefighters, or survivors of such firefighters, for illnesses incurred in the line of duty due to exposure to per- and polyfluoroalkyl substances, commonly known as PFAS. PFAS are man-made and may have adverse human health effects.Under the bill, current and former military firefighters are presumed to have been exposed to PFAS (in the absence of substantial evidence to the contrary) if the firefighter was employed at a military installation, facility of the National Guard, or formerly used defense site during a period when PFAS would have been present at such facility.The bill provides that in cases where a military firefighter is deceased at the time of payment of compensation, the surviving spouse must receive the payment. If there is no surviving spouse, the bill provides for the order of distribution to other surviving parties (e.g., a child or parent of the firefighter). The bill also provides that a survivor of a firefighter may file a claim for compensation if the firefighter dies before filing a claim.DOD must furnish the services, appliances, and supplies prescribed or recommended to a military firefighter who is receiving medical benefits for an illness related to PFAS exposure. Additionally, such firefighter may be furnished necessary and reasonable transportation and expenses incident to securing care for such illness.