The recently proposed Love Lives On Act could impact thousands of military spouses if enacted.
The bipartisan, bicameral legislation would allow the spouses of deceased service members to retain their survivor benefits if they remarry before the age of 55.
“Fifty-five, it’s completely arbitrary,” Tully Rinckey Managing Partner and Attorney Tony Kuhn said. “They drew a line in the sand with that and never got rid of it. The push now is to get rid of the line.”
Specifically, the legislation would allow surviving spouses to retain Survivor Benefit Plan and Dependency and Indemnity Compensation upon remarriage at any age; maintain eligibility for education benefits under the Fry Scholarship and Dependents Education Assistance upon remarriage; allow remarried surviving spouses access to Commissary and Exchange benefits; allow remarried surviving spouses to regain their TRICARE benefits if that marriage subsequently ends due to death, divorce or annulment; allow access to electronic medical records, appointments, referrals, and prescription refills for remarried spouses with dependent children, and ensure that remarried surviving spouses are treated as the parents to minor children not just the fiduciary.
Kuhn is a combat veteran himself who served in Iraq with the U.S. Army. “I would not want my wife to force herself not to remarry so she can collect the pension she earned with me,” he said. “Or, my kids be forced to live in a single-parent home just because my wife is concerned that she can collect the pension.”
The legislation was introduced in the U.S. Senate earlier this year by Sens. Jerry Moran (R-Kan.) and Raphael Warnock (D-Ga.) and was cosponsored by Sens. Mazie Hirono (D-Hawaii), Tom Cotton (R-Ark.) and Elizabeth Warren (D-Mass.) In the House of Representatives, it was cosponsored by Reps. Dean Phillips ( D-Minn.), and Richard Hudson (R-N.C.).
“As Gold Star spouses heal from their loss and choose to remarry, they should not have to worry about losing their survivors’ benefits provided by the VA and DoD,” said Moran.
The Tragedy Assistance Program for Survivors (TAPS) estimates 65,000 surviving spouses under the age of 55 receive VA benefits and the change would cost $2 billion over 10 years.
“This important legislation will ensure surviving military spouses retain their benefits upon remarriage at any age,” said TAPS President and Founder Bonnie Carroll. “Being widowed should not penalize them from finding love in the future.”
In addition to TAPS, the legislation is supported by 41 Veterans Service Organizations and other groups including the Disabled American Veterans, Elizabeth Dole Foundation, Gold Star Wives of America, Inc., Iraq and Afghanistan Veterans of America, Military Officers Association of America and The American Legion.
