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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 Oct 04
Bulletin Temporary Suspension  (Editor moving to San Diego)
CRDP Update 28  (IU excluded from JAN 100% full payment)
CRSC Update 26  (31 OCT DFAS backlog elimination)
COLA 2005 Update 04  (2.7% payable 1 DEC)
DFAS 1099R & RAS for 2005  (Should be received NLT 5 JAN)
Overseas Holiday Mailing  (Send parcel post by 13 NOV)
USFSPA Lawsuit Update 07  (Federal Court dismisses case)
Reserve Reemployment Rights  (Department of Labor's new rules)
TSP Update 1  (Open season 1 OCT thru 31 DEC)
TRDP Reserves Eligibility  (Includes gray area reservist & family)
Check Floating  (No longer possible after 28 OCT)
New Vet Cemetery...Michigan  (Burials to begin mid-2005)
COA...Mail  (On line thru USPS)
USPS Express Mail  (Service details)
Massachusetts Vet Annuity for 100% Disabled  ($1,500 payable biannually)
State Bonuses for Vets  (Availability by state)
AF JROTC Needs Retirees  (Openings for 402 retirees)

Bulletin Temporary Suspension:  On 12 NOV 04 I will be shifting from Baguio City Philippines to San Diego, CA. Department of Homeland Security (DHS) requires I establish the United States as my primary domicile before they will allow me to sponsor my Filipino wife to the states. Our daughter is there and Nancy would like to be able to spend time with her and the grandchild. Thus, the plan is to locate a place to rent in Escondido where they live, furnish it, collect grocery bill, utility bill, gas bill, etc. receipts. Then return 12 April to the Philippines to submit them to INS and see if they will approve me as her sponsor and allow her to obtain an immigrant visa. Thereafter, it is our intention to spend six months every year in each country.
     Thus, the Bulletin is suspended until I can get reestablished and locate a server in the states to transmit it on. Anticipate this will be by 30 NOV or no later than 15 DEC. This presents a problem for about 4000 AOL & Compuserve users who have not provided me with an alternate email addee to send to. If they do not enter my new email addee into their address book they will not be able to receive the Bulletin when I start sending it again. Those who have not still have an opportunity to do so in the next 10 days. Those who cannot will need to monitor  http://post_119_gulfport_ms.tripod.com/rao1.html  to see when the Bulletin starts up again and obtain my new email addee to enter into their
address books. I will continue to monitor  raoemo@mozcom.com  for awhile to answer questions from those who do not get the word. However, this will require me to go online which is a slow and cumbersome way to communicate so maximum response time will increase from 3 to 7 days in the interim. The RAO will continue to function in my absence and provide mail, ID card services, tax assistance, and other general information as it has in the past. During this interim period request you limit email to  raoemo@mozcom.com  to questions and change of address requests.
[Source: Director, RAO Baguio]

CRDP Update 28:  It appears that those who are being paid at the 100% disability level because of Individual Unemployability (IU) will not
benefit from the change in law that will award those with 100% without IU the full Concurrent Receipt of their retired pay. Apparently there was
resistance in the Senate on including the IU and the big association/VSO issue was SBP, not CRDP. If this interpretation prevails, only about 14,000 of the 30,000 VA paid at the 100% rate will see the full increase in January. [Source: Various 28 OCT 04]

CRSC Update 26:  The Defense Finance and Accounting Service (DFAS) has paid to date $53 million in retroactive Combat-Related Special Compensation (CRSC) payments including Individual Unemployability (IU). Claims that require individual (manual) attention such as those subject to court-order garnishments, deductions from former spouses, disabled retirees whose pay is computed using the percentage of disability instead of years of service, and retirees with multiple changes in the awarded disability since the inception of CRSC take longer to process. However, DFAS plans to complete the processes by 30 OCT 04. The disbursement of the one-time retroactive payment does not affect monthly CRSC payments. Eligible retirees should have started receiving their increased CRSC amount with their September payment which was released 1 October (direct deposit) or 11 October (hard-copy checks). For additional information on CRSC payments and Retired and Annuitant Pay, visit  https://mypay.dfas.mil  or  http://www.dfas.mil/money/retired  [Source: FRA News-Bytes 21 OCT 04]

COLA 2005 Update 04:  Cost of living adjustments (COLA's) are based on the rise in the Bureau of Labor Statistics' Consumer Price Index for Urban Wage Earners and Clerical Workers, known as the CPI-W. Military retiree COLAs are also linked to the annual adjustment in Social Security benefits. COLAs keep the value of military retired pay, VA disability compensation, survivor annuities, and social security payments consistent with inflation as measured by the CPI. On 19 OCT, the Bureau of Labor Statistics released September's inflation data, which finalizes the 2004 COLA for military retired pay and other federal annuities. The 2004 COLA will be 2.7 percent for military and federal retired pay, VA disability compensation, SBP survivor annuities, Social Security, and other federal programs. The COLA for these programs will be effective December 1st, and will be reflected in checks issued on 2 JAN 05. The exception is that new retirees during any calendar year receive a somewhat smaller partial COLA for the year of their retirement, because they already received a January military pay raise (which also raised their retired pay) during the retirement year.
     Members who entered service before 8 SEP 80, and who retired on or after Jan. 1, 2004, will receive a 2.7 percent COLA on December 1 (payable in the January 2 retired pay check). Members 1 JAN 04 who entered service on or after Sept. 8, 1980 (whose retired pay is calculated on their highest 36 months' basic pay rather than final basic pay), and retired between 1 JAN 04 and 1 OCT 04, will receive a partial COLA based on the calendar quarter in which they retired. Those retiring in the first quarter of calendar year 2004 will receive 2.7 percent; in the second quarter, 1.8 percent; and in the third quarter, 0.3 percent. Those who retire after 1 OCT 04 will see no COLA this year. Members retired during 2004 will receive full-year COLAs in future years. [Source: MOAA Leg Up 22 OCT 04]

DFAS 1099R & RAS for 2005:  DFAS reports that they expect to mail out 1099Rs and Retiree Account Statements during the period 17-30 Dec, to both retirees and annuitants. 1099s should be received by ALL NLT 5 Jan. You MUST have a good address on file at DFAS-CL for this to be successful. This year, again, DFAS plans to use the mail-out as an opportunity to enclose a DFAS-CL Newsletter. If you have moved or had a change of address, update your address with DFAS by calling 1-800-321-1080. Retired military users of the myPay system who want to receive printed paper documents in this and future years will have to notify DFAS. Retired members can either call the customer contact center at (800) 321-1080 between 0900 & 1930 EST anytime during the year or log on to myPay by 31 October 04 at  https://mypay.dfas.mil  to select the hard copy option associated with each document they prefer to have mailed. myPay provides on-line availability of Tax Form 1099R and the annual retiree account statement (RAS). [Source: Fort Gordon Retiree E-Notes OCT 04]

Overseas Holiday Mailing:  Officials at the Military Postal Service Agency in Washington are recommending deadlines for sending mail from the United States to overseas military mailing addressees for the holidays as follows:

  * Parcel post - Nov. 13;
  * Space-available - Nov. 27;
  * Parcel airlift mail - Dec. 4;
  * Priority and first-class letters/cards - Dec. 11 (Dec. 6 for APO 093);
  * Express mail military service - Dec. 20 (not applicable for APO 093).

     These dates also can be observed by users sending mail from overseas locations to the United States, although all dates may vary depending on location. For exact dates overseas mailers should contact their local military post office. Because of security restrictions, mass-mailing
operations such as Operation Dear Abby or the "Any Servicemember" mailing programs are not being supported by the Military Postal Service. Some tips from the postal service to help your package get to its destination are:

     1.  Use the servicemembers full name (with or with rank or rating), military organization or unit, and APO/FPO address.

     2.  Do not include the country name in any part of the address when using an APO/FPO address.

     3.  Choose a box strong enough to protect the contents.

     4.  Leave space for cushioning inside the box. And use shredded or rolled newspaper, bubble wrap or styrofoam peanuts. Plain air-popped
popcorn is also good. Pack tightly to avoid shifting.

     5.  Use tape meant for shipping, such as pressure sensitive tape, nylon-reinforced craft paper tape, or glass reinforced pressure-sensitive tape.

     6.  Write the delivery and return addresses on one side of the package and place a return address label inside the package. If the box is damaged the contents can find their way back to you.

     7.  Think twice before sending batteries. This have been known to explode inside boxes and ruin the contents.

[Source: Armed Forces News 22 OCT 04]

USFSPA Lawsuit Update 07:  The U.S. Federal District Court in Alexandria, Virginia has dismissed the lawsuit brought by the Uniformed Services Former Spouse Protection Act (USFSPA) Legal Support Group (ULSG) against the Secretary of Defense. ULSG had filed the suit on behalf of 58 servicemembers and retirees alleging that the law requiring division of military retired pay with a former spouse violates constitutional due process and equal protection rights. Lawyers for the Secretary of Defense filed a motion to dismiss the lawsuit, and the court held a hearing on that motion on September 10. At that time, Judge James C. Cacheris heard DoD's arguments to dismiss the lawsuit and opposing arguments from ULSG lawyers. He acknowledged there was "a lot of public interest in this issue," and said he would need some time to consider a decision. On 14 OCT 04 Judge Cacheris rendered his decision, dismissing the lawsuit. He ruled that the lawsuit belongs in state courts since federal courts (with the exception of the Supreme Court) do not have subject matter jurisdiction over the case. In other words, the judge held that plaintiffs are required to sue states individually because divorce law is a state-level issue. He also ruled that ULSG failed to show that it had the "standing" required to file this lawsuit. ULSG plans to appeal this ruling to the United States Circuit Court of Appeals in Richmond, Virginia.For those interested in this suit refer to  http://www.moaa.org/Legislative/USFSPA/  where you can read more about the USFSPA, including the judge's written decision.
[Source: MOAA Leg Up 22 OCT 04]

Reserve Reemployment Rights:  Responding to concerns over the rising number of reemployment rights claims of returning Guard and Reserve combat veterans, the Department of Labor's Veterans Employment and Training Service (VETS) has published new rules to explain the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA protects the rights of workers who leave their civilian jobs for military service and bars employers from discriminating against them because of their military service or obligations. The law protects both voluntary and involuntary military service. Under the proposed regulations, employers would be required to restore the pay, seniority rights and other benefits as if the reservist employees had never left the workplace for military duty. The new rules are presented in a user-friendly, plain language style in a question and answer format. The introduction section cites several important case law examples to help users interpret how the law is to be applied. General reemployment rights information and support services for National Guard and Reserve servicemembers and their employers is available on the Employer Support section of the Guard and Reserve website  http://www.esgr.org/  The new rules can be reached through the MOAA website at: http://www.moaa.org/Legislative/Reserve/Default.asp  Interested parties have until 19 NOV 04 to offer comment to the Dept. of Labor VETS office on the new rules. [Source: MOAA Leg Up 22 OCT 04]

TSP Update 1:  Service members and civilian employees can sign up for or change Thrift Savings Plan contribution amounts during the open season that runs from Oct. 15 to Dec. 31. Military members can contribute up to 10 percent of their base pay, as long as the annual total of tax-deferred investment does not exceed $14,000 for 2005. They also can invest all or part of their bonuses or special pay. Those serving in tax-free combat zones are allowed up to $41,000 in annual contributions. Service members can enroll through the Defense Finance and Accounting Service Web site at  http://www.dfas.mil/emss  or can file a TSP-U-1 form generally available at local military personnel offices, finance offices or family support centers. This open season does not include TSP catch-up contributions, as they are not tied to open seasons.
[Source: Armed Forces News 22 OCT 04]

TRDP Reserves Eligibility:  Servicemembers that are eligible for the TRICARE Retiree Dental Program (TRDP) includes all retirees of the Reserve and Guard and their family members, including "gray area" retired Reservists who have earned enough credits to be eligible for military retired pay but will not begin receiving it until age 60. Although eligibility for this group has been in effect since the TRDP first began in 1998, many retired Reserve and Guard members, and even more "gray area" retirees, still do not realize they are eligible. At present more than 791,000 retired members of the uniformed services utilize the TRDP services. Premiums for the TRDP are regionally based on the primary enrollee's residence ZIP code. Monthly premiums for the TRDP are deducted automatically from retired pay through one of six discretionary allotments. However, retired Reservists who are younger than age 60 and who enroll in the program are exempt from the mandatory government deduction. These members must contact TRICARE to establish alternative payment arrangements such as direct billing. Enrollees in the TRDP can choose any licensed dentist within the TRDP service area or can select from a network of over 80,000 dentist locations nationwide. Retired Reservists and Guard members can visit  http://www.trdp.org  or call the contract administrator, Delta Dental of California, at (888) 838-8737 for a complete TRDP enrollment packet. [Source: Source: FRA News-Bytes 21 OCT 04]

Check Floating:  The practice of "floating" a check until payday will become a thing of the past on 28 OCT when the new federal Check Clearing for the 21st Century Act, also known as Check 21, goes into effect. Check floating occurs when people write checks a few days before payday, figuring that by the time their checks hit the bank, there will be money in the accounts to cover them. With Check 21, money will be withdrawn immediately from a person's account when he or she writes a check. The new federal law is designed to help banks efficiently process more checks electronically. This means that debits to a person's checking account will occur in minutes, not days. Paper checks as record-keeping devices will also become a thing of the past. Instead, banks will replace canceled checks with substitute checks...paper copies of electronic images of a person's original check. Consumers must have a substitute check to exercise all of their rights under Check 21 for the re-crediting of their account in the event of a transactional error. The potential effect on consumers is simple. Unwary consumers will be more likely to bounce checks and pay overdraft fees because of the enhanced speed and efficiency of check processing. One industry source estimates that, by mid-2005, consumers could be bouncing almost 7 million more checks and paying an additional $170 million in fees each month. Consumers probably will not be able to access funds from checks deposited in their accounts any sooner because the new law does not shorten check hold times for banks. This means people may not be able to withdraw money from their accounts the same day a deposit is made. Here are a few tips to help adjust your banking habits in response to Check 21:

  * Check your balance. Ensure you have sufficient funds in the checking account to cover any purchases made by check.

  * Request substitute checks. Although banks are not required by law to issue them, be persistent in requesting that substitute checks accompany bank statements.

  * Ask for a re-credit in writing. If a loss is related to a substitute check received, notify the bank in writing within 40 days of the bank
statement and request a re-credit to the account. Do not forget to include the substitute check.

     For additional information about Check 21, visit the Consumers Union  http://www.consumersunion.org  or the Federal Reserve  
http://www.federalreserve.gov  web sites. A fact sheet on the new law is available at  http://www.consumersunion.org/finance/ckclear1002.htm

(Source: Air Education and Training Command News Service Release No. 10-13-04)

New Vet Cemetery...Michigan:  The 544-acre site for the new Great Lakes National Cemetery is located in Holly Michigan, approximately 45 miles northwest of Detroit. Nearly 460,000 veterans and their families live within 75 miles of the site. Currently, the closest open VA national cemetery is Fort Custer National Cemetery, located 114 miles away in south central Michigan. The 22-acre initial construction phase calls for 6500 full-casket gravesites consisting of 5200 pre-placed crypts and 1,300 traditional full-casket gravesites, plus a 1,700-unit columbarium and 1500 sites for in-ground cremated remains. The plan also includes construction of an administration and maintenance complex, two committal service shelters, a public information center with electronic grave site locator and public restrooms, a cemetery entrance area, flag assembly area and infrastructure elements including roadways, landscaping, utilities and irrigation. Burials are expected to begin during mid-2005 in an initial burial area, separate from the overall construction project to allow for burials to begin during construction of the cemetery. The cemetery staff will conduct initial operations from a temporary office, committal service shelter and equipment shed until the construction is completed. Veterans with a discharge other than dishonorable, their spouses and dependent children are eligible for burial in a national cemetery. Information about the Great Lakes National Cemetery is available at (810) 695-2007. Other burial benefits for eligible veterans include a burial flag, a Presidential Memorial Certificate and a government headstone or marker - even if they are not buried in a national cemetery. Information on VA burial benefits can be obtained from national cemetery offices, from the VA Web site on the Internet at  http://www.cem.va.gov 
[Source: VA News Release No. 08-07-04 dtd 16 AUG & 14 OCT 04] 

COA...Mail:  If you are moving a quick and easy way to submit a change of address for mail forwarding is online with the U.S. Postal Service at
http://www.usps.com  All you have to do is:

  * Indicate the effective date to stop receiving mail at your old address and have it forwarded to your new address.

  * If desired, indicate the return date to your present address so mail will automatically be forwarded back to the original address when you
move back.

  * Fill out the online change of address form providing your old and new address.

  * Allow 7-10 days to begin receiving mail at your new address.

     For magazines, the U.S. Postal Service will only forward them for 60 days.  Through a strategic partnership with a network of publishers nationwide, OneSwitch will ensure all your magazines move with you. Call OneSwitch toll-free at 1-888-255-7982 Mon thru Sat 09-1800. For faster service have your magazine labels available when you call. [Source:  http://www.usps.com  25 OCT 04]

USPS Express Mail:  The United States Postal Service (USPS) offers an Express Mail service for time-sensitive letters, documents or merchandise. They guarantee next-day and second-day delivery nationwide or your money back. Costs, pickup options, and guaranteed delivery times can be found by calling (800) 610-8734 or online at  http://www.usps.com/shipping/expressmail.htm  

Details of this service are:

  * Next day delivery by noon or by 3:00 PM to many destinations.
  * Delivery to most addresses in the United States - including PO Boxes and military addresses.
  * Delivery to most locations 365 days a year, including Sundays and holidays at no extra charge.
  * Automatically insured to $100 against loss or damage. Additional insurance is available for merchandise valued up to $5,000.
  * Provides signature proof of delivery upon request and tracking information.
  * Shipping supplies available at no additional charge.
  * Flat-rate envelopes are available at no charge for which one postage rate applies for any amount of material that it can easily hold.
  * You can print an Express Mail label with or without postage online.
  * For a fee you get a postcard sent to you, signed by the person who accepted your package.
  * If requested, the Post Office will collect payment for postage and merchandise for you,
  * Express Mail items need to be mailed by scheduled acceptance time.

     Postage fully refunded upon application if delivery is not made or attempted by the specified time period, depending on the destination. Some
restrictions apply, check with your Post Office for details. Time commitments can be obtained online by providing your origin and destination
ZIP Code, and the date the package will be shipped.  [Source:  http://www.usps.com/shipping/expressmail.htm  10 OCT 04]

Massachusetts Vet Annuity for 100% Disabled:  The Commonwealth of Massachusetts and its Department of Veterans' Services provides an annuity in the amount of $1,500 which is payable biannually on August 1st and February 1st in two installments of $750 each. This annuity is given in recognition of the service of MA distinguished 100% service-connected disabled veterans and to the parents of distinguished veterans (Gold Star Parents) and the un-remarried spouses (Gold Star Wives or Husbands) of distinguished veterans who gave their lives in the service of their country during wartime. Eligible applicants should meet the following criteria:

VETERAN:

  * Was a resident of Massachusetts at the time of his/her entry into military service.

  * Meets one of the service time requirements set forth in 108 CMR 3.03.

  * Has received any discharge from military service other than a dishonorable discharge.

  * Is a resident of Massachusetts at the time of applying for the annuity and continues to be a resident of the Commonwealth as per M.G.L.
ch. 115, s.6A.

  * Meets the requirements for blindness, paraplegia, double amputation or other disability set forth in M.G.L. ch. 115, s.6B and so certified by
the Department of Veterans Affairs. Proof of service and disability shall be furnished to the Commissioner as per M.G.L. ch. 115, s.6C.

PARENT or SPOUSE:

  * Must reside in the Commonwealth and must continue to reside in Massachusetts from the date of application and while in receipt of the
annuity payments.

  * Spouses must not be remarried.

     To receive the annuity the applicant must complete an application, IRS W-9 Form, and a Direct Deposit Authorization (which is optional). There is a separate application form for each category of applicant. Submit all annuity applications to: Department of Veterans' Services, Attn:
Annuities, 600 Washington St., Suite 1100, Boston, MA 02111. Forms can be downloaded online at  http://www.mass.gov/veterans  An application may also be obtained by regular mail by calling the Department of Veterans' Services (617) 210-5480.
[Source: Hanscom AFB Newsletter Fall 04 &  http://www.sec.state.ma.us/cis/cisvet/vetbonus.htm  ]

State Bonuses for Vets:  Only 26 states have awarded bonuses to veterans of wars from the Mexican Border Conflict to the Persian Gulf War. To determine exactly what bonuses are available check with various Web sites maintained by the states that had bonus programs. The states that gave bonuses are: Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, New Hampshire, New Mexico, New York, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Dakota, Vermont, Washington, West Virginia and Wisconsin.
     Each state had its own way of rewarding veterans. For example, the Pennsylvania Legislature passed the World War II Veterans' Compensation Act, which made it possible for any Pennsylvania resident who served in the military between 7 DEC1941, and 2 SEP 1945, and who was honorably discharged, to apply for a bonus payment, Applications were not accepted until 1950, when money became available. Some states, such as West Virginia, awarded bonuses to veterans of every conflict up through the Gulf War. Pennsylvania issued many awards as well. Montana, Illinois and Missouri gave bonuses only to World War II veterans. To find out what's available in a particular state check with that state's department of veteran affairs.  [Source:  http://www.sptimes.com/2003/10/30/Floridian/State_veterans_bonus_.shtml  ]

AF JROTC Needs Retirees:  The Air Force Junior ROTC will add 201 units by fall 2007, creating openings for 402 aerospace science instructors to teach in high school classrooms worldwide. Retirees from all career fields are needed. Air Force officers or enlisted Airmen who retired from active duty within the past five years or less may apply. In addition, active-duty Airmen may apply when they are within six months of their retirement date. In some instances, the five-year date of retirement can be waived for up to 10 years, based upon program needs and applicant qualifications. For more information, call the Air Force JROTC division at (866) 235-7682, ext. 35275 or 35300. The DSN number is 493-5275 or 5300. [Source: Armed Forces News 22 OCT 04]

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