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MSTANLEY2265

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Military Widows "Tax"

Wed Feb 10, 2010 10:27 AM EST
politics, insurance, financial, disabilities, cost-of-war, death-benefits, gold-star-wives
By mstanley2265
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The military spouse thinks they are getting a extra for financial care for their family but what they don't know is that that money is wasted while they are alive. Better to know then for your family to be "stiffed" later on. Just put it in a savings account and not a government funding account.

As written in the Washington post: "The widows' tax is a law that won't allow surviving spouses to receive the retirement pay due them when their spouse died from a cause related to military service, and at the same time collect the full annuity - essentially an insurance policy most of their spouses opted to buy. They paid an average of 6.5 percent of their retirement pay in premiums, often $100 or more a month.

Because one benefit is subtracted from the other, affected surviving spouses lose about $1,000 a month on average. There are about 54,000 survivors who are affected by the policy, whose spouses served in conflicts from World War II to Afghanistan, and that number could grow.

She said some committee members sheepishly looked at her as they voted down the provision, "visibly uncomfortable that I was in the room. It went right down party lines, and it shouldn't be a partisan issue"

We widows are the constant (uncomfortable) reminder of the cost that our men pay to protect this nation. It will always be so until the families of those men/women are seen as a badge of courage that we too have paid a huge price that not even money can or will aleviate.

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  • Groups: Veterans Widows
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  • Public Discussion (17)
mstanley2265

There are many things that the US does for the widows/widowers of military personnel. This is just one of the thing that has gone wrong. Taking money and promising a benefit and then taking it away.

  • 4 votes
Reply#1 - Wed Feb 10, 2010 10:29 AM EST
frostyone

I'd like to say I'm surprised by this but I'm not. Our country has a history of giving soldiers and their families the shaft and it seems they are just continuing the tradition.

  • 4 votes
#1.1 - Sat Feb 13, 2010 8:37 PM EST
Reply
calmandgentle

This shouldn't be allowed! This money is needed to take care of their families!

  • 4 votes
Reply#2 - Wed Feb 10, 2010 10:51 AM EST
Sgt C USMC

It's a bit deeper than that, and actually occurs when you're alive as well.

When you retire, you're given retirement pay. If you retire at 20 years, that 's equal to 50% of your base pay. However, you ALSO get whatever disability pay you rate.

Now the catch is that disability is non-taxable, and not tax reportable. So your retirement pay is subtracted from your disability, NOT added to it. If I get out at as an E7, and that nets me $1,600 a month in retirement pay, but I'm at 60% disabled which is $900 a month, my retirement pay is cut to $700 a month. But it still equals $1,600. Except I report only $700 to the IRS.

Re-reading the article, I see the problem. It's a loophole in a law that has been since closed.

I'm suspecting when a servicemember died in the past, their disability pay ceased. Now, the VA continues paying disability until your spouse dies, or remarries. Unfortunately, this only affects current active duty military, and retired members weren't included. (Why I don't know)

Also, you might be happy to know that active duty SGLI has been boosted to 400k, plus 100k in death gratuity for ALL deceased servicemembers, combat related or not. In addition, the VA will pay your spouse BAH or let them live on base for one year after your death (Congress is considering upping that to 3 years) and on top of that, your children's college tuition is also covered by the VA (as long as your spouse doesn't remarry) Again, this only applies to servicemembers who were active after January 2002.

So while I sympathize for your position, I can offer solace that the problem has been resolved. I hope that helps a little.

  • 4 votes
Reply#3 - Wed Feb 10, 2010 11:57 AM EST
Tara C

If I get out at as an E7, and that nets me $1,600 a month in retirement pay, but I'm at 60% disabled which is $900 a month, my retirement pay is cut to $700 a month. But it still equals $1,600. Except I report only $700 to the IRS.

You are correct - except for the 60% part. This applies for disability rates up to 40%. If you're 50% or higher and retired after 20 years, you are eligible for Concurrent Disability Retired Pay (CDRP), in which you are phased into your disability and are able to receive both at the same time. Retirement is still taxed and disability compensation is not.

  • 1 vote
#3.1 - Wed Feb 10, 2010 1:20 PM EST
Sgt C USMC

That's why I still do my job dear...and you do yours. But thanks for the correction. :)

  • 1 vote
#3.2 - Wed Feb 10, 2010 1:49 PM EST
mstanley2265

It wasn't a loophole. What these widows had was insurance policies and no way to collect on them. The policies were in effect cancelled on the death of the soldier with no benefits payable to a widow even if the policies were paid for 20 years. At least that's my understanding from the Gold Star Wives.

  • 1 vote
#3.3 - Wed Feb 10, 2010 5:05 PM EST
Reply
Firewitch

This is horrible! You lose your spouse and then you lose money ? I can only hope the higher ups make some changes for the better soon..

  • 2 votes
Reply#4 - Wed Feb 10, 2010 12:48 PM EST
Sgt C USMC

Read 3.1 and 3.2 . The changes have been made. Anyone who has entered the military after January 2002 now gets the death benefits that I listed in 3.1

My Wife (Tara C) works for the VA and before that she was a Casualty Coordinator for the Navy. Her job was to ensure that family members got the benefits they deserve.

  • 1 vote
#4.1 - Wed Feb 10, 2010 1:55 PM EST
Decurion_505

Outstanding, Sarge. You too, Tara. Good to have up-to-date info.

Keep the Faith and Keep up the Fire!

  • 1 vote
#4.2 - Sun Feb 14, 2010 9:15 AM EST
Reply
Tara C

I'm very confused by this article, because I've worked on both sides on the coin for getting servicemembers spouses money when the member dies in service or due to a service related disability after getting out of service....There are a lot of things people don't understand about the system... Are you or whoever this is getting VA benefits and/or benefits from the military?

    Reply#5 - Wed Feb 10, 2010 1:27 PM EST
    mstanley2265

    I am getting VA benefits. The Gold Star Wives are fighting for the insurance thingy. I was sent information but there were a lot of details left out. We get Champus/VA for instance which I was suposed to be eligible for when my late husband was rated 100%. It took 20 mths to get approved. He had already died by then. He was told (mistakenly) that I wasn't eligible for PX or commissary privleges but later when I was told to apply I was told that too was wrong.

    The worst part is that even though the VA had the original documentation of his death (he died in a VA hospital) they always wanted me to produce a death certificate. No one can know how hard that is for a widow to constantly pull out that totally final documentation of her most loved husband's death. But that is what we have to do.

      #5.1 - Wed Feb 10, 2010 5:04 PM EST
      Tara C

      Is it Dependents Indemnity Compensation or Veterans Group Life Insurance that you're trying to get (or something else)?

        #5.2 - Wed Feb 10, 2010 5:28 PM EST
        mstanley2265

        I'm not trying to get anything. I just wanted to point out that a Veteran's widow won't get the annuity from the life insurance policy. All we get is the Widow's pension.

        Ok say you work for a company and you buy a life insurance policy through your employer but when you die your beneficiaries don't get to collect on the policy the company does even though you paid for it. All you get is the pension. There'd by major lawsuits against the employers that tried that tactic.

        That's the twist the gov't has put on this deal. military personnel pay the premiums and the gov't doesn't have to pay the benefits or more commonly known as annuities. They say you get the VA pension so you don't need the annuity. Duh why pay for life insurance and then there is no benefit to survivors

        they don't tell military personnel that when they sell them the policies: You can only collect on them if you don't have a l00% service related cause of death because your beneficiary doesn't get a VA pension.

        In effect what they are doing is your widow/survivors gets this if you don't die of service related causes but if you do, they don't.

        Their justification is that the survivor is getting a VA pension. Which by the way the military vet was getting without dying.

        It's a Catch22. It's their way of "taxing" the widows to pay for the Widow's pensions. They take all the money that's spent on the insurance and use it to fund the Widow's pensions. That's what I understood anyway.

        Oh by the way Champus/VA is the health insurance that they give the widows and it's not very good insurance. We're suppose to be able one day sooner or later to get health care at the VA hospitals/clinics but when you check on it you find out that all are closed or you have to drive couple hours to get to one that's supposedly opened.

          #5.3 - Wed Feb 10, 2010 6:36 PM EST
          Tara C

          After reading the quote below and then your explanation up top I know what you're talking about. Thankfully our county has a way of taking care of surviving spouses, but unfortunately there are occasions that things need to be explained better upon "purchase" and things that need to be fixed overall.

          There are a couple of things I can recommend. One go to www.va.gov/open This is a Web site set up for veterans, spouses or anyone effected by by the VA to voice their opinions and offer suggestions to the VA.

          Also, being as your husband died from a service connected disability, have you applied for Dependents Indemnity Compensation (DIC) so that you are at least making sure that you're receiving the greater benefit? If not, you might want to look into it.

          http://www.vba.va.gov/bln/dependents/spouse.htm

            #5.4 - Wed Feb 10, 2010 8:23 PM EST
            mstanley2265

            I am getting VA benefits after I provided his death certificate.

              #5.5 - Thu Feb 11, 2010 5:33 PM EST
              Reply
              mstanley2265

              Direct Quote from today's Washington Post: "Every year since 2005, the Senate has voted to eliminate the policy that denies widows the ability to collect both a military survivor's benefit and the full annuity bought when their military husbands were alive. But in each of those years, the fix was dropped when House and Senate negotiators wrote the final bill in private."

              • 1 vote
              Reply#6 - Wed Feb 10, 2010 6:19 PM EST
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