New Jersey 2024-2025 Regular Session

New Jersey Assembly Bill AR106

Introduced
2/12/24  

Caption

Urges Congress enact Military Surviving Spouses Equity Act.

Note

The resolution aims to bring attention to these systemic issues and calls for Congressional action to support not only surviving spouses but also dependent children who may be affected in the absence of eligible spouses.

Impact

If enacted, the Military Surviving Spouses Equity Act would prohibit the offsetting of DIC against SBP annuities for surviving spouses under 60 years of age and would also eliminate existing repayments previously required from SBP recipients. This will provide a more equitable financial support structure for military survivors, ensuring they receive the full benefits promised to them without unfair deductions based on DIC compensation. The resolution emphasizes that military families deserve reliable benefits as acknowledgment of the sacrifices made by service members.

Summary

Assembly Resolution No. 106 urges Congress to enact the Military Surviving Spouses Equity Act, focused on addressing inequalities in benefits for surviving spouses of military personnel. The resolution highlights that current federal laws require surviving spouses to forfeit parts of their Survivor Benefit Plan (SBP) annuities when they receive Dependency and Indemnity Compensation (DIC) from the Department of Veterans Affairs. This legislation is aimed at removing such offsets, which unjustly diminish the benefits owed to military families, especially those whose loved ones died due to service-related causes.

Contention

Notably, the resolution points out that while Congress has taken steps in the past to support some survivors—such as increasing lump-sum death gratuities and instituting provisions that prevent offsets for remarried survivors over 57—these measures fall short for the majority of veterans’ survivors who have been disadvantaged by the current law. Critics of the status quo argue that the existing law creates an unfair financial burden on military families, a sentiment echoed in the findings of the Veterans Disability Benefits Commission, which has advocated for revising these harmful provisions. This creates a contentious landscape in the legislative discussion as stakeholders seek to rectify an injustice that affects a significant number of military survivors.

Companion Bills

NJ AR21

Carry Over Urges Congress enact Military Surviving Spouses Equity Act.

Previously Filed As

NJ AR21

Urges Congress enact Military Surviving Spouses Equity Act.

NJ SJR1

Urges Congress to enact legislation allowing certain eligible surviving spouses of veterans to receive an amount equal to the military retirement pay of the veteran after the veteran's death. (BDR R-55)

NJ SR52

Relative to the widow’s tax.

NJ AR145

Urges Congress and President enact "Social Security Fairness Act."

NJ AB53

Personal income taxes: exclusion: Military Services Retirement and Surviving Spouse Benefit Payment Act.

NJ SR110

Urges Congress and President enact "Social Security Fairness Act."

NJ AJR29

Military: survivor benefits.

NJ AB46

Personal income taxes: exclusion: Military Services Retirement and Surviving Spouse Benefit Payment Act.

NJ SB1

Personal income taxes: exclusion: Military Services Retirement and Surviving Spouse Benefit Payment Act.

NJ SB2897

Ad valorem tax on home; allow credit or rebate for certain disabled veterans and surviving spouses of military members.

Similar Bills

NJ AR21

Urges Congress enact Military Surviving Spouses Equity Act.

CA AJR29

Military: survivor benefits.

CA AB1570

Military veterans: claims.

CA SB588

Public contracts: Disabled Veteran Business Enterprise Program.

CA AB230

Disabled veteran business enterprises.

CA AB2394

Personal income taxes: exclusion: uniformed services: retirement pay.

CA SR52

Relative to the widow’s tax.

NV SJR1

Urges Congress to enact legislation allowing certain eligible surviving spouses of veterans to receive an amount equal to the military retirement pay of the veteran after the veteran's death. (BDR R-55)