One item in the FY 2005 National Defense Authorization Act (NDAA) was a step back in the area of reserve component health care. The FY 2004 Defense Bill provided a one-year authorization for a premium-based TRICARE Standard benefit for reserve component members who were not covered by employer-provided health care. Since then, we and our coalition partners have testified and lobbied to get a permanent program to recognize Guard and Reserve service and promote readiness, recruiting and retention. Unfortunately, the FY 2005 NDAA failed to extend the FY 2004 program. Instead, it links a premium-based TRICARE benefit to active-duty performance. It will provide one year of TRICARE Standard coverage for 90 days of continuous active duty, and one additional year for each consecutive 90-day period of such duty. Sadly, in our opinion, the new reserve component health care provision does not even address the military readiness issue. We will work during the 109th Congress to make further progress in this important area. (AF Sgt Mag, December 2004)

RESERVE TRANSITIONAL CARE

In good news, FY 2005 NDAA included a provision (Section 703) which will make permanent the 180-day transitional health benefit for those separating from active duty. (AF Sgt Mag, December 2004)

SURVIVORS BENEFIT NEWS

Those survivors age 62 and older receiving annuities under the Survivor Benefit Plan (SBP) will see their annuity increase over the next 3-and-a-half years. When a surviving SBP annuitant reaches age 62, current law reduces the survivor's annuity from 55 percent of the deceased retiree's base retirement pay to 35 percent of that pay. Section 644 of the FY 2005 NDAA will eliminate that 20 percent annuity reduction by April 1, 2008. The annuity will increase from 35 percent to 40 percent on October 1, 2005; to 45 percent on April 1, 2006; to 50 percent on April 1, 2007; and to 55 percent on April 1, 2008. The Supplemental SBP (SSBP) pro- gram premium will decrease over the same phase- in period. The NDAA also provides a one-year enrollment opportunity beginning October 1, 2005, for those qualified retirees not currently enrolled in SBP. While details were not certain at press time, it appears that the law will be implemented by requiring the payment of all back premiums plus interest as an enrollment requirement. Unfortunately, Congress did not address the age- 70, 30 enrollment years "paid-up" SBP provision which is still scheduled to become effective in 2008. (AF Sgt Mag, December 2004) 

CONCURRENT RETIREMENT AND DISABILITY PAY (CRDP)

Section 642 of the NDAA provides a change for those receiving Concurrent Retirement and Disability Pay who have VA service-connected disability ratings of 100 percent.  This group will full restoration of Military Retired pay, effective January 2005.  Unfortunately, this prevision does not include about 30,000 retirees who are also being paid by the VA at the 100 percent rate due to "unemployability."  This group will still be subject to the 10 year phase-in-schedule passed in the FY 2004 legislation.  We will work to continue to build on the progress made this year, including to address the matter of the medically-retired (Chapter 61) combat-disabled veterans who served less than 20 years and those who do not qualify for CRDP because their VA disability ratings fall below 50 percent. (AF Sgt Mag - Dec 2004)

KEEP OUR PROMISES TO AMERICA'S RETIREES

Support for H.R. 3474, the "keep Our Promise to America's Military Retirees Act," continues to grow with 169 cosponsors signing onto this important proposal.  If passed, this, introduced by Rep. Chris Van Hollen, D-MD, would increase the military health care options of retired beneficiaries.  For military retirees who entered service before June 7, 1956, it would also allow military retirees and their family members to enroll in the Federal Employees Health Benefits Program (FEHBP) - the optional program available to non-military federal employees.  However, H.R. 3474 would reduce the cost of FEHBP by requiring DoD to reimburse military retirees' FEHBP expenses that normally would be covered by TRICARE Standard.  Finally, the bill would reduce pharmacy costs for military retirees who are physically unable to use TRICARE Network Pharmacies by providing reimbursement at TRICARE network rates at non-TRICARE pharmacies.  If enacted, H.R. 3474 would take an important further step toward the restoration of earned health care for military retirees and their dependents, and we will continue to follow and report the progress of this bill.  (AF Sgt Assoc Mag - March 2004)

These Bills, among other benefits, will remove the current requirement for military retirees/spouses/widows entering military service prior to 7 Dec 1956, serving 20 or more years active service, to pay for Medicare Part B; provide a refund of Medicare Part B penalty paid since Jan 2004, will offer Federal Employees Health Benefit Plan (FEHBP) up to TRICARE funded levels to all retirees who find Medicare/TRICARE support unavailable or unacceptable; and the Bill will include some pharmacy reimbursement benefit for military retirees in remote locations.

THE DEFENSE ENROLLMENT ELIGIBILITY REPORTING SYSTEM (DEERS):  Is a computerized world wide database of military sponsors, families, and others who are entitled, under the law, to TRICARE benefits, including TRI-CARE For Life.   DEERS registration is required for TRI-CARE eligibility.  Therefore, it is important to update DEERS whenever you have personal information or eligibility status changes.  These include changes in your military career, address, marriage, divorce, births and adoptions.  Failing to update your information could result in having to pay for your prescriptions to be filled, medical claims being denied, or becoming unable to schedule appointments at a Medical Treatment Facility or TRICARE network provider.   DOD and TRICARE officials indicate this a recurring problem, and we recommend you review your information from time to time to ensure your and your dependents' eligibility.   You can verify your DEERS information by contacting your regional TRICARE managed care support contractor, your local TRICARE service center, the nearest military personnel office, or by calling the Defense Manpower Data Center at 1-800-5389552.

RETIRED PAY RESTORATION (CONCURRENT RECEIPT):  At press time, H. R. 303, introduced by Rep. Mike Bilirakis, R-FL, had over 170 co-sponsors who also have a service-connected disability to collect both their full military retired pay and their VA disability compensation.  As expected, Senator Harry Reid, D-NV, and 37 original co-sponsors introduced a Senate companion bill, S. 392; since then, seven more Senate co-sponsors have signed onto this important effort.  In a related matter, DoD still has not spelled out the ground rules (eligibility, applications procedures, etc.) for the special combat-related disability compensation passed in the FY 2003 Defense bill.  (AF Sgt Mag April 2003)

TRICARE PRIME FOR RESERVISTS:  DOD Health Affairs policy has been revised and gives Reserve Family members eligibility to enroll in TRICARE PRIME when the military sponsor has active duty orders calling for him or her to serve for more than 30 days.  Previously, the policy offered eligibility only if orders were more than 179 days of service.  There are no enrollment fees or co-payments for family members who elect to enroll in TRICARE PRIME.  For more information, contact TRICARE directly at (877) 3632273. (AF Sgt Mag May 2003)

PROTECTING   AGAINST ECONOMIC  LOSS WHILE  ACTIVATED:  The House Veterans Affairs' approved H.R. 100, the "Servicemembers Civil Relief Act."  It would amend the "Soldiers' and Sailors' Civil Relief Act of 1940" and rename the act as the "Servicemembers' Civil Relief Act."  The new act would revise provisions with respect to certain civil protections and rights afforded to servicemembers while called to active-duty.   Generally, it would provide automatic 90 days stays for civil court proceedings, protect families of servicemembers from being evicted due to nonpayment of rent while the member is on active duty, and limit interest on any outstanding loan balances to 6 percent whil the servicemembers remain on active duty.  (AF Mag May 2003)

PRESCRIPTIONS AT VA FACILITES:  H.R. 240, by Rep. John L. Mica, R-FL, would require the VA to dispense medications to veterans for prescriptions written by health care practitioners.  Other bills that address this important issue are H.R. 709 by Rep. Roger F. Wicker, R-MS; H.R. 998, by Rep. Jerry Kleczka, D- WI; H.R. 1309, by Rep. Lane Evans, D-IL; H.R. 2015, by Rep. Nancy Johnson, R-CT; H.R. 2219, by Rep. Leonard L. Boswell, D-IA; and S.1112, by Sen John Kerry, D-MS.   All of these bills essentially would let veterans fill their military or civilian provided prescriptions at VA pharmacies. (AF Sergeant Mag - July 2003)

RESPECT TO FUNERALS OF FALLEN HEROES: S4042, One Hundred Ninth Congress of the United States, January 3, 2006.

TO AMEND TITLE 18, UNITED STATES CODE.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1.  RESPECT FOR THE FUNERALS OF FALLEN HEROES.

   (a) In General - Chapter 67 of title 18, United States Code, is amended by adding at the end the following new section:

Sec. 1388. Prohibition on disruption of funerals of members or former members of the Armed Forces

   (a) Prohibition - For any funeral of a member or former member of the Armed Forces that is not located at a cemetery under the control of the National Cemetery Administration or part of Arlington National Cemetery, it shall be unlawful for any person to engage in an activity during the period beginning 60 minutes before and ending 60 minutes after such funeral, any part of which activity -

           (1)(A) takes place within the boundaries of the location of such funeral or takes place with 150 feet of the post of the intersection between -

                      (i) the boundary of the location of such funeral; and

                      (ii) a road, pathway, or other route of ingress to or egress from the location of such funeral; and

                (B) includes any individual willfully making or assisting in the making of any noise or diversion that is not party of such funeral and that disturbs or tends to disturb the peace or good order of such funeral with the intent of disturbing the peace or good order of that funeral; or

          (2)(A) is within 300 feet of the boundary of the location of such funeral; and

                (B) includes any individual willfully and without proper authorization impeding the access to or egress from such location with the intent to impede the access to or egress from such location.

          (b) Penalty - Any person who violates subsection (a) shall be fined under this title, imprisoned for not more than 1 year, or both.

          (c) Definitions - In this section:

                 (1) The term "Armed Forces" has the meaning given the term in section 101 of title 10.

                 (2) The term "funeral of a member or former member of the Armed Forces" means any ceremony or memorial service held in connection with the burial or cremation of a member or former member of the Armed Forces.

                 (3) The term "boundary of the location", with respect to a funeral of a member or former member of the Armed Forces, means -

                              (A) in the case of a funeral of a member or former member of the Armed Forces that is held a a cemetery, the property line of the cemetery;

                              (B) in the case of a funeral of a member or former member of the Armed Forces that is held at a mortuary, the property line of the mortuary;

                              (C) in the case of a funeral of a member or former member of the Armed Forces that is held at a house of worship, the property line of the house of worship; and

                              (D) in the case of a funeral of a member or former member of the Armed Forces that is held at any other kind of location, the reasonable property line of that location.

          (b) Clerical Amendment - The tale of sections at the beginning of chapter 67 of such title is amended by inserting after the item related to section 1387 the following new item:

                       "1388. Prohibition on disruptions of funerals of members or former members of the Armed Forces.

Speaker of the House of Representatives.

Vice President of the United States and President of the Senate

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