1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Joint Resolution No. 29Introduced by Assembly Members Choi and Mathis(Principal coauthor: Senator Dahle)February 18, 2020 Relative to military survivor benefits. LEGISLATIVE COUNSEL'S DIGESTAJR 29, as introduced, Choi. Military: survivor benefits.This measure would respectfully urge the United States Congress to pass, and the President of the United States to sign, legislation that would immediately end the military survivors compensation offset known as the Widows Tax.Digest Key Fiscal Committee: NO Bill TextWHEREAS, When a service member dies on active duty or in retirement, survivor compensation from the Department of Defense and Department of Veterans Affairs for the service members dependents is offset, resulting in a decreased benefit; andWHEREAS, The Department of Defense-funded Survivor Benefit Plan is an annuity, up to 55 percent of a service members retired pay, paid to dependents after a military retirees death; andWHEREAS, Surviving dependents may receive payments through the Department of Veterans Affairs Dependency and Indemnity Compensation Plan, a tax-free monetary benefit paid to survivors when a service member dies from a service-connected injury or disease; andWHEREAS, By law Survivor Benefit Plan annuitants cannot receive full Survivor Benefit Plan payments and Dependency and Indemnity Compensation payments at the same time; andWHEREAS, Dependency and Indemnity Compensation payments are deducted from the amount of Survivor Benefit Plan payments payable to a survivor; andWHEREAS, This benefit offset is known as the Widows Tax, affecting approximately 65,000 surviving military spouses nationwide; andWHEREAS, The average offset of the Widows Tax is $925 per month, according to experts; and WHEREAS, The 2020 National Defense Authorization Act would phase out the Widows Tax beginning in 2021, when Survivor Benefit Plan recipients would begin receiving one-third of the offset amount, followed by two-thirds in 2022, and the full amount in 2023; now, therefore, be itResolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the United States Congress to pass, and the President of the United States to sign, legislation that will immediately eliminate the military survivors compensation offset known as the Widows Tax in its entirety; and be it furtherResolved, That the Clerk of the Assembly transmit copies of this resolution to the President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution. |
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3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Joint Resolution No. 29Introduced by Assembly Members Choi and Mathis(Principal coauthor: Senator Dahle)February 18, 2020 Relative to military survivor benefits. LEGISLATIVE COUNSEL'S DIGESTAJR 29, as introduced, Choi. Military: survivor benefits.This measure would respectfully urge the United States Congress to pass, and the President of the United States to sign, legislation that would immediately end the military survivors compensation offset known as the Widows Tax.Digest Key Fiscal Committee: NO |
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9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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11 | 11 | | Assembly Joint Resolution |
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13 | 13 | | No. 29 |
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15 | 15 | | Introduced by Assembly Members Choi and Mathis(Principal coauthor: Senator Dahle)February 18, 2020 |
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17 | 17 | | Introduced by Assembly Members Choi and Mathis(Principal coauthor: Senator Dahle) |
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18 | 18 | | February 18, 2020 |
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19 | 19 | | |
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20 | 20 | | Relative to military survivor benefits. |
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21 | 21 | | |
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22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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23 | 23 | | |
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24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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25 | 25 | | |
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26 | 26 | | AJR 29, as introduced, Choi. Military: survivor benefits. |
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27 | 27 | | |
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28 | 28 | | This measure would respectfully urge the United States Congress to pass, and the President of the United States to sign, legislation that would immediately end the military survivors compensation offset known as the Widows Tax. |
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29 | 29 | | |
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30 | 30 | | This measure would respectfully urge the United States Congress to pass, and the President of the United States to sign, legislation that would immediately end the military survivors compensation offset known as the Widows Tax. |
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32 | 32 | | ## Digest Key |
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33 | 33 | | |
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34 | 34 | | ## Bill Text |
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36 | 36 | | WHEREAS, When a service member dies on active duty or in retirement, survivor compensation from the Department of Defense and Department of Veterans Affairs for the service members dependents is offset, resulting in a decreased benefit; and |
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38 | 38 | | WHEREAS, The Department of Defense-funded Survivor Benefit Plan is an annuity, up to 55 percent of a service members retired pay, paid to dependents after a military retirees death; and |
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40 | 40 | | WHEREAS, Surviving dependents may receive payments through the Department of Veterans Affairs Dependency and Indemnity Compensation Plan, a tax-free monetary benefit paid to survivors when a service member dies from a service-connected injury or disease; and |
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42 | 42 | | WHEREAS, By law Survivor Benefit Plan annuitants cannot receive full Survivor Benefit Plan payments and Dependency and Indemnity Compensation payments at the same time; and |
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43 | 43 | | |
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44 | 44 | | WHEREAS, Dependency and Indemnity Compensation payments are deducted from the amount of Survivor Benefit Plan payments payable to a survivor; and |
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46 | 46 | | WHEREAS, This benefit offset is known as the Widows Tax, affecting approximately 65,000 surviving military spouses nationwide; and |
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47 | 47 | | |
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48 | 48 | | WHEREAS, The average offset of the Widows Tax is $925 per month, according to experts; and |
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50 | 50 | | WHEREAS, The 2020 National Defense Authorization Act would phase out the Widows Tax beginning in 2021, when Survivor Benefit Plan recipients would begin receiving one-third of the offset amount, followed by two-thirds in 2022, and the full amount in 2023; now, therefore, be it |
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52 | 52 | | Resolved by the Assembly and the Senate of the State of California, jointly, That the Legislature respectfully urges the United States Congress to pass, and the President of the United States to sign, legislation that will immediately eliminate the military survivors compensation offset known as the Widows Tax in its entirety; and be it further |
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54 | 54 | | Resolved, That the Clerk of the Assembly transmit copies of this resolution to the President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the United States Senate, to each Senator and Representative from California in the Congress of the United States, and to the author for appropriate distribution. |
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