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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.

15 Oct 04
NDAA 2005 Provisions (CR & SBP major gains)
SBP Offset Update 06 (Elimination over the next 3 1/2 years)
POW VA Benefits Update 01 (Ex-POWs Benefit expanded)
Vet Cemetery for Northern CA (New cemetery funded by VA)
Tricare Region West (Transition complete)
Disabled Veterans Assistance Phone Line (Employment assistance)
Veterans Bonus...South Dakota (Up to $500 for residents)
Veterans Bonus...Massachusetts (WW-II thru Persian Gulf)
VA Compensation & Pensions (Summary)
Citizenship Legitimation Requirements...United States ( Persons born out of wedlock)
Adoption in RP...Immigration (Orphan & Non-Orphan children)
Insurance...Kidnap & Ransom (Now available)

NDAA 2005 Provisions: The House and Senate Conferees completed the majority of their work around 2 a.m. Friday morning on the National Defense Authorization Act of 2005 and are working on getting the huge document to the printers and to the President for his signature. There are many very good things in the bill that military and veterans organizations have been working very hard this year to be included. The two main items are...

(1) An increase of SBP from 35% to 55% will be phased in over 3 ½ years and the existing "two-tier" program will be eliminated by 2008!!!

(2) All military retirees that are rated at 100% disabled (approximately 30,000) will receive their FULL CONCURRENT RECEIPT without the 10-year phase-in!!! Payments will be effective as of 1 JAN 05.

     The next and continuing goal is to get full concurrent receipt for those disabled military retirees who continue to have deductions from their
retired pay to cover their VA Disability Pay. Some of the Conference report highlights are:

  * Authorized a 3.5 percent across-the-board pay raise for all uniformed service personnel.

  * Authorized increases in active-duty end strength of 20,000 for the Army and 3,000 for the Marine Corps.

  * Created a new healthcare benefit for members of the reserve component by authorizing TRICARE coverage for Reserve members who have served on extended active duty.

  * Authorized an increase in the Survivor Benefit Plan annuity that will be phased in over 3.5 years and, by 2008, eliminate the existing "two
tier" system.

  * Approved permanent eligibility for up to 90 days of TRICARE coverage for Reserve members and their families prior to mobilization, and 180 days of transitional health benefits for Reserves, active duty members, and their families when the member separates from active duty service.

  * Authorized a new program of educational assistance to members of the Selected Reserve, providing varying amounts of aid depending on the
length of time mobilized.

  * Authorized immediate concurrent receipt, without phase in, of military retired pay and veterans' disability compensation for retirees who
are rated at 100% disabled.

  * Reinforced Congressional support for the Base Realignment and Closing(BRAC) process by continuing to support the 2005 BRAC round.

  * Authorized a permanent increase in special pay of $225.00 a month for duty subject to hostile fire or imminent danger, and a permanent
increase in the family separation allowance of $250.00 a month.

  * Authorized increases in special pays for members of the National Guard and Reserve for enlistment and reenlistment, and authorized a bonus
of up to $6,000 for foreign language proficiency.

  * Approved permanent eligibility for up to 90 days of TRICARE coverage for Reserve members prior to mobilization.

  * Established a Commission to study the roles and mission of the National Guard and Reserves.

  * Authorized use of Federal write-in ballots for absentee military voters in the United States.

     There is obviously much more in the bill and if you want the entire highlights go to the Senate Armed Services Committee website at
http://armed-services.senate.gov/press/conf05press.pdf You will need to have an ADOBE Reader on your computer to read the 17-page press
release.

[Source: NAUS Weekly Update OCT 04]

SBP Offset Update 06: The 2005 NDAA provisions related to SBP hopefully will put the issue of SPP offset to rest. The final bill retains
provisions that would phase out the SBP "widows tax" over 3 ½ years. As written it will:

     (1) Raise the minimum SBP annuity for survivors age 62 and older to 40% of retired pay as of Oct 1, 2005; to 45% of retired pay on April 1, 2006; to 50% on April 1, 2007; and to 55% on April 1, 2008.

     (2) Continue increased coverage levels for current retirees already paying supplemental SBP premiums, but such retirees will no longer have to pay the extra premium for the supplemental SBP coverage as of the date the new law is enacted.

     (3) Allow retirees not enrolled in SBP to participate in a one-year open-enrollment period starting 1 OCT 2005 provided they make a lump-sum payment covering all back premiums since retirement, plus interest. The premium cost of SBP generally is 6.5% of the base amount of coverage a retiree selects.

[Source: MOAA Leg Up 8 OCT 04]

POW VA Benefits Update 01: VA will expand benefits to all former POWs with strokes and common heart diseases. Scientific studies support the association of these illnesses to the military service of former POWs. Veterans with strokes and most heart diseases who were formally a POW will be automatically eligible for disability compensation for those common ailments, and their spouses and dependents will be eligible for service-connected survivors' benefits if these diseases contribute to the death of a former POW. In SEP 03 the VA launched a nationwide outreach effort to identify and provide benefits to the estimated 11,000 former POWs who were not receiving VA disability compensation or other services. There are about 35,000 living ex-POWs. The new decision will add to the list of 16 medical problems that VA presumes to be linked to the military service of former POWs. The new rules are likely to take effect on 7 OCT 04. VA has also has urged Congress to change federal law that required that former POWs must be detained for at least 30 days to qualify for the full range of POW benefits. [Source: VA News Release 2 OCT 04]

Vet Cemetery for Northern CA: The Department of Veterans Affairs has awarded $8.5 million to the state of California to establish the Northern California Veterans Cemetery near Redding in Shasta County. Approximately 49,000 Northern California veterans, along with their dependents, are presently not served by a National or State veterans cemetery in this area. The new cemetery site is about 170 miles south of the nearest National Cemetery, Eagle Point National Cemetery, in Oregon. Plans call for the development of 21.5 acres on the 63-acre site, and will include an administration building, maintenance building, committal shelter, assembly area, columbarium for cremated remains and public information center. Development will provide a total of 8,523 burial sites, which includes 2,085 traditional in-ground gravesites, 2,032 pre-placed graveliners or crypts, 3,206 in-ground cremation sites and 1,200 columbarium niches.
     As a complement to VA's system of National Cemeteries, the State Cemetery Grants Program has helped establish, expand or improve 55
operational State Veterans Cemeteries. States are responsible for operating their Veterans Cemeteries after VA assists with construction. State
Veterans Cemeteries provided more than 18,000 burials in fiscal year 2003.
     Since the program began in 1980, VA has awarded 136 grants for more than $200 million to 30 states and Guam. Information about the grants program is available by contacting VA's State Cemetery Grants Service at (202) 565-6801. Eligibility for burial in the Northern California Veterans Cemetery is based on the same criteria as burial in a VA National Cemetery. More information about the Cemetery is available from the California Department of Veterans Affairs, Veterans Services Division, on the Internet at http://www.cdva.ca.gov or by calling (916) 653-2573.
     Information on VA burial benefits can be obtained from National Cemetery offices or VA Web sites on the Internet at http://www.cem.va.gov/ or by calling VA regional offices on (800) 827-1000. [Source: VA News Release 29 SEP 04]

Tricare Region West: The Department of Defense (DoD) announced that eligible TRICARE beneficiaries in the remaining portion of the new West Region will transition to their new regional contractor, TriWest Healthcare Alliance, Corp. This transition completes the West Region and includes beneficiaries in Arizona, Colorado, southern Idaho, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota, far west Texas, Utah and Wyoming. Beneficiaries in the Yuma, Arizona area, Alaska, California, Hawaii, northern Idaho, Oregon and Washington transitioned to the West Region in June and July. Enhancements under the new contracts increase portability and improve access to care in all regions, while making military medical facilities responsible for managing patient care and acquiring necessary resources based on local needs. Changes are expected to result in more responsive and cost-effective patient care that meets national quality standards. TriWest, based in Phoenix, Ariz., will provide healthcare services and support to approximately 2.7 million beneficiaries in the West Region.
Beneficiaries may access healthcare information by contacting TRIWEST, (888) 874-9378, or online at http://www.triwest.com West Region eligible beneficiaries who are not in TRICARE Prime will have the opportunity to enroll. TriWest also provides beneficiaries with information on enrollment and network providers; procedures for filing claims; contacts for TRICARE assistance; and the ability to view claim processing status and claims history online. Other Web services include locating a TRICARE service center (TSC) and Web-based programs allowing beneficiaries to better manage their health care. Military medical facilities in all regions remain at the core of the Military Health System. For specific information on the TRICARE benefit, what's covered and how it works, beneficiaries may visit the TRICARE Web site http://www.tricare.osd.mil or consult their service or local military medical facility. Beneficiaries may also visit "TRICARE Online" at http://www.tricareonline.com for interactive tools and up-to-date, accurate information on general health matters. TRICARE Online includes a medical dictionary, the new "Rx Checker," to find drug-and-drug or drug-and-food interactions, an online health journal and more. [Source: DoD News Release No. 998-04 dtd 8 Oct 04]

Disabled Veterans Assistance Phone Line: The Department of the Navy (DON) has established a Disabled Veterans Assistance Phone Line to provide employment and referrals for returning disabled service members, recently medically retired service members, and their spouses. Specifically, the Phone Line supports disabled veterans of Operation Iraqi Freedom, Operation Enduring Freedom, and all disabled veterans of other conflicts, campaigns, and wars. The primary goal is to assist in their search for employment opportunities with the DON, as well as with other federal and state agencies plus to provide resource and referral assistance. Referrals include, but are not limited to, the Veterans Administration, Department of Labor, and other Department of Defense agencies for the purpose of meeting and addressing needs that are outside the scope of DON. The phone number is (800) 378-4559 and will be staffed by a Human Resources Specialist (HRS). If the HRS is unavailable to take the call, the caller will receive a reply within one business day. An email addee will soon be promulgated for those who prefer to communicate in this manner. Information will also be posted at  http://www.donhr.navy.mil/  HRS will take a case management approach with each caller. This means that:

  * Callers will receive customized service depending on his/her individual needs.
  * Callers will be tracked from initial call through employment---including a follow up six months post-employment.
  * A system will be implemented to record and capture progress toward mission accomplishment.

If you have any questions regarding this program or would like to know more about how you can support the Disabled Veterans Assistance Phone Line, contact Mr. George Mendoza directly at (360) 315-8124 (DSN 322-8124) or via e-mail at: George.Mendoza@navy.mil

[Source: HRSCNE Directormsg dtd 14 SEP 04 & DAV 017 Manchester CT]

Veterans Bonus...South Dakota: Filing dates have expired for bonus Paid to World War I, World War II, Korean, Vietnam, and Persian Gulf War Veterans. However, the state of South Dakota is now paying a veterans bonus of up to $500 to certain military personnel who were legal residents of the state for no less than six months immediately preceding entry into the Armed Forces, who are currently on active duty or were honorably discharged from the Armed Forces, and who served on active duty during one, or both of the following periods. For service between the dates 1 JAN 93 through 10 SEP 01 payment will be made only to those who served overseas and were awarded the Armed Forces Expeditionary medal, Southwest Asia Service medal, Kosovo campaign medal or any other United States campaign or service medal awarded for participation in combat operations against hostile forces. All active duty between the dates of 11 SEP 01 through a date to be determined, qualify for a bonus payment. Application forms may be obtained by writing to: SD Veterans Bonus, 500 E. Capitol, Pierre, SD 57501 or at (605) 773-4656.

Other South Dakota state benefits for veterans include:

  * Tax Exemption: For paraplegics.

  * State Veterans Home: Located at Hot Springs. The facility has a total capacity of 180 which includes two domiciliaries and a nursing home
facility.

  * Loan Program: The War Veterans Emergency Loan Program is funded by a revolving fund, from which loans not to exceed $500 are made to
veterans for emergency purposes; repayment without interest is required within two years of the loan approval.

  * Education: War orphans education and assistance to POW/MIA.

  * Burial Allowance: Up to $100 and headstone setting-$40.

  * Free Tuition: To state universities in South Dakota for undergraduate or extension courses to veterans who served in the time
period 25 June 1950, through 7 May 1975.

  * Veterans' Preference for state employment. The State provides retirement credit to members of the Armed Forces while on active duty if a
public employee immediately preceding entrance into service and returning within one year of discharge.

[Source: SD Division of Veterans Affairs Press Release SEP 04 & http://www.nasdva.com/southdakota.html ]

Veterans Bonus...Massachusetts: The Commonwealth of Massachusetts provides a bonus to veterans who were domiciled in Massachusetts immediately prior to entry in the armed forces. In case of the death of a veteran, the spouse and children, mother or father, brother or sister or other dependents of the deceased veteran (in that order) are eligible for a bonus. Bonus eligibilities and point of contact to obtain are:

WW-II: Veterans who performed one day to six months active service are eligible for a $100 bonus, six months or more stateside service are
eligible for a $200 bonus, and foreign service are eligible for a $300 bonus. Contact Office of the Treasurer, One Ashburton Place, 12th Floor,
Boston, MA 02108 Tel: 617-367-3900, Ext. 208 Fax: (617) 227-1622 or http://www.state.ma.us/treasury/

KOREA: Veterans who performed ninety days stateside duty are eligible for a $100 bonus, six months or more duty are eligible for a $200 bonus, and/or one or more days outside of the continental limits of the U.S. or performed foreign service are eligible for a $300 bonus. Contact Office of the Treasurer, One Ashburton Place, 12th Floor, Boston, MA 02108 Tel: 617-367-3900, Ext. 208 Fax: (617) 227-1622 or http://www.state.ma.us/treasury/

VIETNAM: veterans who performed six months active duty from 1 JUL 58 and prior to 1 APR 73 are eligible for $200 bonus if served six months or $300 bonus if served on duty in Vietnam. Contact Office of the Treasurer, One Ashburton Place, 12th Floor, Boston, MA 02108 Tel: 617-367-3900, Ext. 208 Fax: (617) 227-1622 or http://www.state.ma.us/treasury/

PERSIAN GULF: Veterans who performed thirty days or more during the period of August 2, 1990 to April 10, 1991 are eligible for a bonus according to the following stipulations.

     (1) Called to active service in support of said war as members of the Army National Guard or Air National Guard or as reservists in the armed
forces of the United States in an area other than the Persian Gulf area are eligible for a $300 bonus.

     (2) Performed active service in the Persian Gulf area (war zone or contiguous waters) and who are in receipt of the Southwest Asia Service
Medal established by executive order of the President on March 13, 1991 are eligible for a $500 bonus.

     (3) Contact Veterans' Bonus Division, Department of Veterans' Services, 600 Washington St., Suite 1100 Boston, MA 02111 Tel: (617) 210-5927 or http://www.mass.gov/veterans or Email: mdvs@vet.state.ma.us

[Source: http://www.sec.state.ma.us/cis/cisvet/vetbonus.htm SEP 04]

VA Compensation & Pensions: The Disability Compensation Program: This benefit program evaluates disability resulting from all types of diseases and injuries encountered as a result of military service. The degrees of disability that are determined by VA represent, as far as can practicably be determined, the average loss in wages resulting from such diseases and injuries and their complications in civil occupations.

  * Disability Benefits: Disability Compensation is a benefit paid to a veteran because of injuries or diseases that happened while on active duty,
or were made worse by active military service. It is also paid to certain veterans disabled from VA health care. The benefits are tax-free.

  * Disability Pension: The Pension Program provides monthly payments, as specified by law, to needy wartime veterans who are permanently and totally disabled as a result of disability not related to military service. The Pension Program also provides monthly payments, as specified by law, to needy surviving spouses and dependent children of deceased wartime veterans.

  * Dependency Indemnity Compensation: Dependency and Indemnity Compensation (DIC) is a monthly check paid to eligible survivors of certain deceased veterans. To get DIC, you must be an eligible survivor of a veteran who died because of a service-related illness or injury.

[Source: MSC Newsletter SEP 04]

Citizenship Legitimation Requirements...United States: Persons born out of wedlock to U.S. citizen father and not legitimated by the natural parents' subsequent marriage can be legitimated under the Immigration and Nationality Act by one of the two methods provided a blood relationship between the person and the father is established by clear and convincing evidence and the father was a United States citizen at the time of the person's birth.

Method 1...The U.S. citizen father must submit evidence showing that he had legal residence or domicile in any of the U.S. states (after his child's birth and before his child's 15th or 21st birthday - see table below) in order to use the laws of the state to legitimate the applicant. This
evidence may include driver's license, voter registration card, rental/mortgage/bank receipts, military records, old letters (with U.S. return address), etc. Legitimation requirements vary depending on the State legitimation law,or...

Method 2...The person can be legitimated if:

(1) The father (unless deceased) has agreed in writing to provide financial support for the person until the person reaches the age of 18 years and,

(2) While the person is under the age of 18 years...

     a. the person is legitimated under the law of the person's residence or domicile,
     b. the father acknowledges paternity of the person in writing under oath, or
     c. the paternity of the person is established by adjudication of a competent court.

The following is applicable to determine which Legitimation Method applies to your case:

  * Born on or before 11/14/68 only method 1 applies and age is 21
  * Born between 11/15/68 and 11/14/71 method 1 age is 21, method 2 age is 18
  * Born between 11/15/71 and 11/13/86 method 1 age is 15, method 2 age is 18
  * Born on or after 11/14/86 only method 2 applies and age is 18

There is no legitimation requirement for persons born out of wedlock to U.S. Citizen mother.

[Source: http://usembassy.state.gov/manila/wwwhlegt.html SEP 04]

Adoption in the Republic of the Philippines...Immigration: For U.S. immigration purposes, there are two types of adoption:

ADOPTION OF A NON-ORPHAN CHILD...Immigration benefits for a non-orphan adopted child may be obtained under Section 101 (b) (1) (E) of the U.S. Immigration and Nationality Act. This section of the law has four main requirements. First, the child must be adopted before the age of 16. Second, the child must be in the legal custody of the adoptive parents for at least two years prior to the filing of an immigrant visa petition.
Third, the child must have lived with the adoptive parents for at least two years prior to or after the legal adoption. Fourth, the parents must have
exercised primary parental control over the child during this period. There is no provision for a waiver of these requirements.

ADOPTION OF AN ORPHAN CHILD...Section 101 (b) (1) (F) of the Immigration and Nationality Act defines an orphan as "a child under the age of sixteen at the time a petition is filed on his/her behalf who is an orphan because of the death or disappearance of, abandonment or desertion by, or separation or loss from, both parents, or for whom the sole or surviving parent is incapable of providing the proper care and has in writing irrevocably released the child for emigration and adoption." This definition is rigorous and differs substantially from the common definition
of an orphan.

In addition to the regular requirements for adoption, U.S. citizens interested in adopting a Filipino child while they are living in the Philippines must meet the following conditions:

a. Be resident in the Philippines for at least three years prior to the filing of the adoption petition and maintain such residence until the
adoption decree is entered by a Philippine court.

b. Possess a certification of legal capacity to adopt issued by appropriate government agency from your state of residence.

To fulfill the requirement for a certification of legal capacity to adopt, the Philippine government will generally accept an approved I-130 Petition for Alien Relative, I-600A Application for Advance Processing of an Orphan, or I-600 Petition to Classify an Orphan as an Immediate Relative.

The Philippine government may waive these requirements in the following cases:

     a. A former Filipino citizen who seeks to adopt a relative within the fourth degree of consanguinity, as defined under Philippine law; or

     b. A person who seeks to adopt the legitimate son/daughter of his/her Filipino spouse; or

     c. A person who is married to a Filipino and who seeks to adopt jointly with his/her spouse a relative within the fourth degree of consanguinity,
as defined under Philippine law.

U.S. Citizens who are not resident in the Philippines and who are not eligible for a waiver of the above requirements may adopt orphan children
only through the inter-country adoption process. Questions relating to inter-country adoption should be directed to: The Philippine Inter-Country
Adoption Board (ICAB) , P.O. Box 1622, #2 Chicago Corner, Ermin Garcia Streets, Barangay Pinagkaisahan, Cubao, Quezon City Philippines or Tel: (632) 726-4568, fax number (632) 727-2026 or Email: icaba@skyinet.net

[Source: http://usembassy.state.gov/manila/wwwhadop.html SEP 04]

Insurance...Kidnap & Ransom: A report released in December 2003 by the State Department's Bureau of Consular Affairs in Washington indicates there has been a rise in the kidnapping of Americans abroad since 2000. The State Department reported 25 kidnappings last year, 22 in 2001 and 16 in 2000. The State Department says most kidnappings go unreported because victims and their families often wish to avoid public exposure. Or in some cases, kidnappers threaten their victims if they go to the authorities.
     Insurance companies have picked up on the trend and are offering K&R coverage as part of a comprehensive business insurance package, as a stand-alone policy for individuals and from a few insurance companies as part of their homeowners insurance policy. According the ransom product manager at the Chubb Group in New Jersey, up to 80 percent of Fortune 500 companies had purchased K&R policies for their globetrotting executives by December 2003. While standard policies generally cover the most obvious expenses of a kidnapping, such as ransom reimbursement, hostage negotiation fees, counseling fees and medical coverage for the victims, corporate policies also pay for interpreters, travel expenses, lost salary and the cost of hiring a replacement. Some policies even cover the victim's financial losses, like the failure to exercise stock options. For an additional cost, insurance companies will pay for the victim's cosmetic surgery if the victim's physical appearance has been altered by torture.      Corporate policies range between $1,500 and $5,000 a year for $1 million of coverage. People who frequently travel to countries on the State Department's travel restriction list, like Nigeria, Iraq and Indonesia, will likely pay higher rates. As companies are working more and more in developing countries like Russia and Latin America, most of their traveling employees may not even know that they are covered. Companies are often unwilling to discuss the topic openly, for fear of becoming targets. In fact, one condition of kidnapping policies is that the insured must not to tell anyone they have coverage.
     The policies themselves are handled like top-secret documents. When a policy is issued it is assigned a number. The company or individuals name is not put on the file. Insurance companies require victims, victim's families or a third party to contact them within 24 hours of the incident. From there, the insurance company will take charge and works closely with a crisis response team like Control Risk Group of New York. Response teams often negotiate the release of the hostage for the policyholder and the insurer. Some companies offer optional clause for emergency evacuation of American employees who are working in a foreign country undergoing a political coup or war. The insurance company will make arrangements with the State Department and rescue Americans. This option will generally cost an additional $500 a year per person up to $5,000 per corporate policy. Policies for individuals help pay for the cost of dealing with a kidnapping but normally do not reimburse for ransom payments.
     In the Philippines individual and/or family coverage can run as high as $17,500 to $20,000 annually. To locate an insurance company that specializes in kidnap and ransom insurance, go to http://www.roughnotes.com

[Source: http://www.jrn.columbia.edu/studentwork/cns/2004-03-15/644.asp ]