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Retired Activities Office Bulletins

The following bulletins are furnished to ANA as important information to retirees by LT EMO Tichacek, USN (Ret) who is the Retired Activities Director in Baguio, P.I. and are used with his permission.  If you have questions about the articles, please direct them to the cited reference in the bulletin and NOT to ANA or LT Tichacek.

30 Jun 04
CRSC Update 21 (Chapter 61 Retirees)
CRDP Update 27 (Possible elimination of 10-yr phase in for 100%)
SBP Offset Update 03 (DoD effort to scuttle elimination)
SBP Offset Update 04 (Elimination included in Senate NDAA bill)
AFRH Eligibility
AFRH Fees
AFRH Allotments
VA Chiropractic Care (New benefit)
Cell Phone Deactivation if Stolen Update 01 (GSM applicability only)
Lodging & Travel Sources (Active duty & Retirees)
ALS Link Confirmed
Review Board Applications Online
Disabled Can Sue
Hospital Quality of Care
Resident Alien Rentry Permit

CRSC Update 21:  Rep. Jerry Weller (R-IL) introduced H.R. 4637 to provide for the payment of Combat-Related Special Compensation (CRSC) under that title to members of the Armed Forces retired for disability with less than 20 years of active military service who were awarded the Purple Heart. The bill has been referred to the House Committee on Armed Services. This is the first bill that would provide CRSC to Chapter 61 retirees whose creditable service is less than 20 years. Although the bill is restrictive, it is an important starting point. [Source: NAUS Update 25 JUN 04]

CRDP Update 27:  On 18 JUN 04 the Senate agreed to the SA3297 Reid Amendment Proposal to the National Defense Authorization Act to eliminate the 10 Year Phase of CRDP for disabled retirees of the Uniformed Services rated totally and permanently disabled (100%). This is a compromise that takes care of the most disabled retired military that are least able to work in second careers at a first year cost of about $300M decreasing to zero after seven years. The Senate passed S. 2400 (97-0), the FY05 NDAA and renamed it the Ronald W. Reagan National Defense Authorization Act. If ultimately signed into law, the full dollar amount of retired pay and disability payments to these retirees would begin effective 1 JAN 05. To do so this amendment must survive the House and Senate conference negotiations for the final version of the NDAA that goes to the President for signature. The OSD compensation policy staff and the Service CRSC offices believe the elimination of the 10 year 100% CRDP phase-in provision has the best chances of approval of all the Veterans issues this year because there is little or no budget impact.
[Source:  http://www.crlegislation.com  19 JUN 04]

SBP Offset Update 03:  DoD has disseminated papers to Congress that employ assertions and arguments to claim that military widows deserve to have their military Survivor Benefit Plan (SBP) annuity cut by one-third when they attain age 62. Following is MOAA's response DoD's congressional input:

     1: Military retirees were fully informed about the age-62 benefit cut since the start of the program in 1972.

     Response: Retirees didn't get good information on the offset to SBP for at least the first 10 years of the program. When it started the formula for the SS offset was so complicated that benefit counselors could not calculate it. Since benefits counselors had no idea what the benefit reduction would be for any individual, most didn't even mention it in the early years. Even today the finance center doesn't calculate it if asked to do so by retirees. The SBP election forms members used to sign up for the rogram from 1972 through 1982, made no mention of any benefit reduction at any age and asserted that the SBP annuity is 55% of covered retired pay, with no mention of any lesser amount.

     2: Retiree groups wrongly claim retirees pay more for SBP than promised, and wrongly claim the government promised to subsidize 40% of the benefit, when many SBP groups already have subsidies above 40%.

     Response - Legislative history clearly indicates that Congress (guided by DoD actuaries at the time) set military premiums in law with the assumption of a 60/40 cost share for newly retiring, non-disabled retirees. It is true that the subsidy is higher for certain other groups such as retirees with service-connected disabilities that affect their longevity and their ability to purchase other insurance. People who die on active duty have a 100% SBP subsidy. The 40% basic SBP subsidy was intended to apply to the normal, non-disabled retiring member. When the 40% subsidy had declined substantially by 1990, Congress acted to restore the intended subsidy by reducing SBP premiums, further validating Congress' original intent. DoD provided Congress the information on what premium levels were needed to restore the 40% subsidy. Now the subsidy for newly retiring, non-disabled retiree has again declined even further to 19%, by DoD's own admission, due to increased longevity and other factors).

     3: There is no inequity between military and Federal civilian SBP programs, and the two programs aren't even comparable. Military retirement is much better because military people retire at a younger age, and military people don't contribute to their retirement like federal civilians do. And military survivors get Social Security in their older years, while some federal civilian survivors don't. Military retirees also have the option to purchase a supplemental SBP benefit to prevent any benefit decline at age 62.

     Response: DoD is trying to mix apples and oranges by comparing retirement plans, when the issue is survivor benefits. Military people contribute to their retirement at least as much as any civilian. Not in dollars but through 20 to 30 years of personal and family sacrifice, arduous service conditions, and limits on their freedoms that few civilians are willing to endure. Military retirement (and the SBP benefit) is based on only the basic pay portion (about 65% to 70% of full pay and allowances) of military salary whereas federal civilian retirement is based on full pay and locality pay. Federal civilian SBP program's survivor benefit do not decline at any age. The federal subsidy for both federal civilian programs (33% for FERS and 48% for CSRS) is far higher than the 19%for the military's. The fact that military people retire younger is actually a disadvantage for SBP, because it means military people often pay SBP premiums twice as long as federal civilians, even though their spouses receive survivor benefits for about the same length of time. The fact that
some federal civilian survivors don't get Social Security is not applicable to the military SBP situation, because their retiree spouses didn't pay Social Security taxes, either.Federal civilians who paid for both SBP and Social Security receive benefits from both programs without any reduction. Pre-1984 military-vs-civilian SBP rationales no longer apply and including Supplemental SBP in the comparison is equally erroneous because it has no government subsidy whatsoever and is so expensive that less than 2% of military retirees take it. No federal civilians are required to pay additional premiums to maintain their survivor benefit levels.

     4: MOAA defends the age-62 reduction in one of its own publications.

     Response: The MOAA SBP brochure was written to answer member questions as to why Congress enacted the SBP age-62 Social Security offset in the original program. It cited Congress' rationale, as expressed in 1972. DoD's reference to the MOAA brochure out of its original context doesn't change the reality that the subsidy is now less than half its original value and hundreds of thousands of federal civilians now get both Social Security and SBP without any reduction.

The full text of the above can be found at  http://www.moaa.org/Legislative/WeeklyUpdate.asp  
[Source: MOAA's legislative update 18 JUN 04]

SBP Offset Update 04:  The Senate passed S. 2400 (97-0), the FY05 NDAA and renamed it the Ronald W. Reagan National Defense Authorization Act. The Landrieu Amendment (SA 3315) to the 2005 NDAA was modified to a 10-year phased-in elimination rather than the House proposal that calls for a three and a half year time period. Although it is disappointing that Senate did not agree with the House, the Senate language as a positive gain. This is especially true since last week there were indications of strong opposition to the offset in the Senate.
     One factor that possibly helped alleviate this opposition and offset DoD's attempt to derail the amendment was a letter to gain support for the amendment sent to Senate Armed Services Committee chairman, Sen. John Warner, R-Va. by the Critical Issues Round Table Group. The group includes 107 retired admirals and generals and six retired senior enlisted members. Their letter labeled the SBP reduction an injustice because federal civilian retirees face no similar reduction in their SBPs and because the government did not fully explain the age-62 reduction in benefits when retirees initially enrolled in the program. With both the House and Senate in agreement in the principle of the offset elimination, there is a good possibility it will be converted into legislation. The Senate's phase-in date for increasing the basic SBP annuity is:

  * 35 % for months beginning before October 2005,
  * 40 % for months beginning after September 2005 and before October 2008,
  * 45 % for months beginning after September 2008,
  * 55 % for months beginning after September 2014

     The other difference is the proposed open enrollment period. The Senate imposed additional restrictions on Landrieu's proposal for an SBP "open season" to let currently non-participating retirees enroll in the new improved SBP. Her plan envisioned relatively modest late-enrollment penalties (up to an additional 4.5% of retired pay) proportional to the length of time since retirement. The House-passed bill included the same language. But Senate leaders insisted on changing it to make open-season enrollees pay all back premiums plus interest in a lump sum. This will make the cost prohibitive for all but the most recent retirees and will discourage protection of additional survivors. On the positive side, the Senate action means that, for the first time ever, both the House and
Senate defense bills have provisions to end the age-62 SBP benefit reduction. That pretty much guarantees that we'll get some kind of SBP fix in the final bill which affects some 227,000 military widows and widowers age 62 and older. The Senate version at present will cost the federal treasury an average of about $700 million per year. The major differences between the House and Senate bills, of which there are many, will be resolved in a joint conference. [Source: MOAA, NAUS, & Armed Forces News reports 25 JUN 04]

AFRH Eligibility: The Armed Forces Retirement Home (AFRH) Agency maintains a home in Gulfport and Washington DC. Military veterans from each service branch can live at either home. Both homes are model retirement centers, where residents can maintain an independent lifestyle in an environment designed for safety, comfort, and personal enrichment. The Homes feature all the essentials for retirement living: 7/24 security, community involvement, home-style prepared meals, on-site bank, medical and dental
care, recreational activities, chapels, mini-exchange, private furnished room, wellness center, swimming pool, library, auto and craft shops, barber shop, beauty salon, ballroom, post office, walking trails, bowling, computer center, boating, fishing, beaches, casinos, golfing, resorts, restaurants, etc. In addition the Homes provide shuttle service several times daily to the VA hospital, local military hospital, medical centers and area recreational facilities. A public transportation system is available that runs hourly. For information on the Gulfport location, call (800) 332-3527 or write to them at Public Affairs Office, AFRH Gulport, 1800 Beach Dr., Gulfport MS 39507-1597. The Washington DC location can be reached at (800) 422-9988, or write Public Affairs Office, AFRH-Washington,
3700 N. Capitol St NW, Washington DC 20317.
     Persons eligible for residency are those who served as members of the Armed forces, at least one-half of whose service was not active commissioned service (other than as a warrant office or limited-duty officer). Who fit into one of the following categories:

  * Category I. Persons who are 60 years of age or over and were discharged or released from service in the Armed forces under honorable conditions after 90 years of active service.

  * Category II. Persons who are incapable of earning a livelihood because of a service-connected disability incurred in the line of duty in the Armed forces.

  * Category III. Persons who served in a war theater during time of war declared by congress or were eligible for hostile fire special pay under section 310 of title37, U.S. Code who were released from service in the Armed Forces under honorable conditions and are incapable of earning a livelihood because of injuries, disease, or disability.

  * Category 1V. Persons who served in a woman's component of the Armed Forces before enactment of the woman's Armed service Integration Act of 1948 and/or eligible for admission because of compelling personal circumstance.

     Coast Guard veterans who had service during wartime while the Coast Guard was operated as part of the Navy are eligible in the appropriate categories. Active-Status Reservists will fall into Category III. Active Duty is defined in part as full-time in the active military service for the U.S. Such full time duty includes the annual active duty for training that reservists must fulfill. It does not, however, include reserve inactive-duty training commonly known as Reserve drills, nor does it include years spent as a drilling Reservist; the key is active duty time only. Married couples must each qualify by their own military service. Additional info can be found at  http://www.AFRH.com [Source: Shift Colors JAN-MAR 04]

AFRH Fees:  

Resident Fee: The Armed Forces Retirement Home (AFRH) resident fee is 35% of your total current income for independent living and 20% for assisted living. For those who require permanent health care after being admitted into independent living, the monthly fee is 65% of income. There are maximum fees, which are adjusted annually for inflation, for each category and each campus. The maximum fees are:

  * Independent Living: Gulfport $800* & Washington $1035
  * Assisted Living: Gulfport $1300* & Washington $1553
  * Skilled Care: Gulfport $2588 & Washington $2588
Note: * indicates a temporary reduction in maximum fee until DEC 2006.

     Resident fees are computed on an annual basis. For the purpose of resident fee computation, monthly income is determined by dividing total income by 12. Total income for computing the monthly fee is income reported as adjustable gross income (AGI) on the U.S. individual Income tax Return and as adjusted by adding tax exempt income received during the year. Tax exempt income includes benefits administered by the VA, SSA, disability retired pay, pensions, annuities, interest income, dividends or IRA
distributions.

Medical Care: The AFRH ensures that every resident, regardless of financial ability, will receive top-rated, long-term care when
needed. Residents are financially responsible for care received from other medical facilities or from visiting civilian medical
practitioners. Residents must maintain medical insurance including a supplemental policy to cover medical care in the event the military/veteran medical facilities are not available.

[Source: Shift Colors JAN-MAR 04]

AFRH Allotments:  For more than 150 years the Armed Forces Retirement Homes (AFRH) in Gulfport MS and Washington DC have provided the finest retirement and medical care for this nation's veterans. These federally funded communities are considered model retirement centers complete with independent living, assisted and long term care health facilities and an abundance of activities for those who reside there. Active duty and retirees who want to maintain the tradition of "Taking Care of Our Own can help support these facilities through allotment. Retirees can do this by letter or FAX to DFAS. Include your full name, SSN, Blanket Code L-68, and the amount you would like to have deducted from your retirement pay. Sign and date you request and send to DFAS-CL/FR, PO Box 99191, Cleveland OH 44199-1126 or FAX 1-800-469-6559. [Source: Shift Colors JAN-MAR 04]

VA Chiropractic Care:  Secretary of Veterans Affairs Anthony J. Principi has announced Veterans can receive chiropractic care at 26 selected Department of Veterans Affairs (VA) facilities beginning this fall today. VA will hire or contract with doctors of chiropractic to provide the care. In consultation with VA primary care providers, doctors of chiropractic will offer patient evaluations and chiropractic care for neuromusculoskeletal conditions. Locations where chiropractic care will be provided include Togus ME; West Haven and Newington CT, Buffalo and the Bronx NY; Butler PA; Martinsburg WV; Columbia SC; Augusta GA; Tampa and
Miami FL; Mountain Home TN; Columbus OH; Danville IL; Iron Mountain MI; Kansas City KS; Jackson MS; San Antonio, Temple, and Dallas TX; Albuquerque NM; Fort Harrison MT; Seattle WA; Sacramento and Los Angeles CA; and Sioux Falls SD. Eligible veterans in areas distant from these locations will also be able to receive chiropractic care through VA's outpatient fee-basis program after a referral by their primary care provider, and prior authorization by the department. VA was authorized to offer chiropractic
care and services under the provisions of section 204 of Public Law 107-135, the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001. Chiropractors seeking employment or to provide contract services to veterans should call the Human Resources office of any of the above facilities. Some VA positions may be advertised at  http://www.vacareers.com  
[Source: VANEWS-L News Release 25 JUN 04]

Cell Phone Deactivation if Stolen Update 01:  The procedures described in the original article are for the GSM (Global System for Mobile Communications) environment outside of the U.S. where only the SIM card comes from the carrier and it can be moved freely from phone to phone. In the USA, where the phone (and thus the ESN, which corresponds to IMEI) is tightly tied to the service, there's no need to make a record of your phone's identity. The carrier already has that info. If your phone is stolen, you just tell the carrier and they do the rest. [Source: Qualcomm Engineer msg input 16 JUN 04]

Lodging & Travel Sources:  Active duty and military retirees can check on the availability of billeting at military facilities anywhere in the world through one toll-free call at:

  * Army: Call (800) 462-7691. Connects callers with a central reservation system that can provide information on availability and making reservations.

  * Navy: Call (800) 628-9466. Navy Lodge guests can also reserve rooms by logging onto NEXCOM's Website
 http://www.navy-nex.com   Guests can reserve a room or change, cancel, or confirm a reservation by accessing the Navy Lodge online registration link on the Website. The request is sent to the Navy Lodge Program's Central Reservation Center (CRC) in Jacksonville,
Fla., for processing. Guests should receive an e-mail confirmation on any change made within 24 hours. Internet reservations cannot be made, changed, or canceled later than two days prior to the arrival date.

  * Air Force: Call (888) 235-6343. Personnel can also check on the availability of billeting and make reservations at Air Force facilities worldwide at.

Additional vacation sites and information available to retirees are:

  * A military Bed & Breakfast Club is available for a fee at (703) 525-3372 or retrveille@aol.com [Refer to Bulletin article].

  * The Armed Forces Vacation Club Space "A" time share rental program allows retirees to stay seven nights at condominium resorts worldwide for $250 per week. Call [800] 724-9988 or check out  http://www.offdutytravel.com  [Refer to Bulletin article].

  * A choice of a variety of Bed & Breakfasts, Guest Homes, Inns and Lodges in the Colorado Springs and surrounding areas at
http://www.coloradorandr.com/  or the Pikes Peak area at  http://pikespeakareabnbs.com/  

  * A good source of information for military travelers is through the "Society for Military Travelers" at (800) 638-8784 or their website  http://www.militarytravelers.com  

  * Space "A" and other discount travel info can be found at http://www.vetstravel.net  

  * Military Living for a fee offers subscriptions to their Military Travel R&R newsletter, and publications on Temporary Military Lodging Around the World, Military Travel Guide USA, and U.S. military road Atlas. They can be reached at (888) 685-0203, Fax (703) 237-2233, online at  http://www.militaryliving.com  or at Military Living, PO Box 2347, Falls Church VA 22042-0347.

Armed Forces Recreation Centers can also offer excellent accommodations in scenic areas. Check out:

Armed Forces Recreation Centers:

  * AFRC Seward AK http://143.213.12.254/mwr/seward.htm Tel: (800) 770-1858 / (907) 384-3474/ (907) 384-0248 Fax

  * AFRC Europe Tel: 011-49-8051 803172/803158F, http://trol.redstone.army.mil/mwr/afrcs/index.html
or vacation@afrs.garmisch.army.mil

  * AFRC HI (Hale Koa Hotel) information@halekoa.comTel: (800) 367-6027/425-3329F

  * AFRC Keystone CO "Rocky Mountain Blue"  http://www.rockymountainblue.com  

  * AFRC Korea "Dragon Hill"  http://www.dragonhilllodge.com  Tel: 011-822-790-0016/792-0036F

  * AFRC Orlando FL - Shades of Green Resort Tel: (407) 824-3600/3665F

  * AFRC Tokyo "New Sanno Hotel"  http://www.thenewsanno.com  

[Source: Various June 04]

ALS Link Confirmed:  A scientific study published in the scientific journal Neurology supports a 22-month policy by the Department of Veterans Affairs (VA) to recognize amyotrophic lateral sclerosis (ALS) among veterans of the Gulf War as a service-connected illness. The study found that veterans who were deployed to the combat theater during the Gulf War were nearly twice as likely to develop the disease as veterans not deployed to the Gulf, accounting for 40 of the 107 cases identified among military personnel. For information regarding ALS call (877) 342-5257) or e-mail ALS@med.va.gov
[Source: http://www.military.com/MilitaryReport/0,12914,VR_Gulf_051004,00.html ]

Review Board Applications Online:  The Army Review Boards Agency (ARBA) is accepting online applications for correction of military records at http://actsonline.army.mil . Applicants can apply securely via an electronic DD Form 149 and check the status of their requests at the site. The data entered goes into ARBA's tracking system and analysts begin gathering case information. Applicants must print, sign and mail a signature page to ARBA within 30 days or the submitted application will be
deactivated. A paper DD Form 149 is available by calling (703) 607-1600, downloading at http://web1.whs.osd.mil/icdhome/ddeforms.htm  or by contacting your local VARO.
[Source: RSO Fort Douglas UT msg dtd 19 May 04]

Disabled Can Sue:  The Supreme Court has ruled that the Constitution does not shield states from some lawsuits brought under a 1990 law barring discrimination against the disabled. In Tennessee v. Lane, the court ruled 5-4 that states can be sued under Title II of the Americans with Disabilities Act (ADA) (PL 101-336), which bars discrimination against disabled persons in public services, programs or activities. The decision came in a case involving a paraplegic who had to crawl up the steps of a small-town courthouse in Tennessee for lack of an elevator. Tennessee had argued it was immune from the lawsuit under the 11th Amendment, but the high court disagreed. [Source: CQ Today Midday Update 17 MAY 04]

Hospital Quality of Care:  Consumers wanting to check a hospital's quality of care can find some performance reports and accreditation information on these Web sites.

  * Joint Commission on Accreditation of Healthcare Organizations, which inspects and accredits hospitals and other health facilities: http://www.jcaho.org/qualitycheck/directry/SearchConsumerByType.aspx

  * Health Grades Inc., a company that rates quality of health care at hospitals and other providers:  http://www.healthgrades.com/public

  * The Leapfrog Group, a coalition of business and other groups partly funded by the Robert Wood Johnson Foundation, working to improve hospital care:  http://www.leapfroggroup.org/consumer-intro.htm

Other resources include:

  * Agency for Healthcare Research and Quality, part of the U.S. Health and Human Services department:  http://www.ahrq.gov

  * National Patient Safety Foundation:  http://www.npsf.org

  * Institute for Safe Medication Practices:  http://www.ismp.org

In addition, the nonprofit consumer group Consumers Checkbook sells the Consumers' Guide to Hospitals, with detailed ratings for individual hospitals and tips on getting the best care, for $19.95 at its Web site:  http://www.checkbook.org
[Source: The Associated Press Published: 27 MAR 04]

Resident Alien Rentry Permit:  A permanent resident alien returning to the United States from a visit abroad of less than a year may apply for readmission by presenting an Alien Registration Receipt Card ("green card") to the immigration authorities at a port of entry. The one-year time limitation does not apply to the spouse or child of a member of the Armed Forces of the United States, or of a civilian employee of the U.S. Government stationed abroad pursuant to official orders. In this case, the spouse or child must present the card mentioned above, not have relinquished residence, and be preceding or accompanying the member or employee, or be following to join the member or employee in the United States within four months of the return of the member or employee. A
permanent resident alien who intends to remain abroad for more than a year should, at least 30 days prior to the proposed date of departure, apply while in the United States to the U.S. Bureau of Citizenship and Immigration Services (BCIS) in the Department of Homeland Security for Reentry Permit. The permit is valid for two years and may not be extended. If such a permit is obtained the alien may use this card to reenter the United States within the period of validity. Every alien applying for readmission must satisfy the immigration authorities that he or she is eligible in all respects for admission. A Reentry Permit does not preserve residence for naturalization purposes. An application for preservation of residence must be filed with BCIS prior to departure from the United
States. Further information may be obtained from the BCIS office having jurisdiction over the alien's place of residence in the United
States. Travel documents required for entry into foreign countries come within the jurisdiction of the government concerned; information on such matters should be requested from the representatives of those countries in the United States. A Reentry Permit contains space for visas issued by consular representatives of other countries.
     Permanent resident aliens who are unable to return to the United States ithin the travel validity period of the Alien Registration Receipt Card, or the Reentry Permit, may apply to the nearest U.S. consular office for a special immigrant Returning Resident (SB-1) visa. To qualify for such status aliens must show:

  * That they were lawful permanent residents when they departed the United States.

  * That when they departed they intended to return to the United States and have maintained this intent.

  * That they are returning from a temporary visit abroad and, if the stay was protracted, that it was caused by reasons beyond their control and for which they were not responsible; and

  * That they are eligible for the immigrant visa in all other respects.

     Applicants who wish to apply for Returning Resident (SB-1) visas should contact the nearest consular office well in advance of their intended travel (at least three months in advance, if possible) to permit sufficient time for visa processing. If the returning Resident (SB-1) visa is refused on the grounds that the alien has given up his residence in the United States, it may or may not be possible to obtain a nonimmigrant visa, depending on whether the applicant has established a residence abroad to which he will return. If the applicant wishing to return to the United States cannot submit convincing evidence of compelling ties abroad he may have to apply for an immigrant visa on the same basis by which he immigrated originally, if that is possible.
[Source: http://travel.state.gov/visa;returning_alien.html MAY 04]

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