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thedrifter
02-21-07, 01:25 PM
Senators move to change death gratuity rules

By Rick Maze - Staff writer
Posted : Wednesday Feb 21, 2007 13:21:30 EST

Three bills were introduced Friday to allow someone other than spouses or parents to receive the $100,000 military death gratuity that is paid when a service member dies on active-duty.

All three bills aim to provide options when an unmarried service member with a minor child dies. Under current policy, a lawful spouse is the first person in line to receive the payment, followed by a child or children, parents and siblings.

But there is no provision for paying the money to anyone else, which has created problems in situations in which the minor child of a deceased, unmarried service member is left in the care of someone other than a parent or sibling, such as a grandparent. The policy appears to require the military to withhold payment until a child reaches age 18, which negates the benefit’s purpose to help cover funeral-related expenses.

Sen. Chuck Hagel, R-Neb., introduced S 659. Sen John McCain, R-Ariz., introduced S. 663. Rep. Tom Latham, R-Iowa, along with five co-sponsors, introduced HR 1115.

McCain, ranking Republican on the Senate Armed Services committee, said the death gratuity needs to be updated. “When a service member falls in combat, our first duty is to provide comfort for his or her family as they try to recover from their loss and rebuild their lives,” he said in a statement. “Technicalities in current law can potentially lead to the wishes of service members being overlooked, leaving their families to suffer unintentionally.”

Hagel, who like McCain is a Vietnam veteran, said current law doesn’t work, especially if it takes time for a legal guardian to be appointed for a surviving child.

“The loss of a loved one is a tremendous emotional hardship for families. This is common-sense legislation that will ensure that when the next of kin is a child, the death gratuity may be immediately available to the child’s guardian, if so designated,” Hagel said.

The three bills have similar proposals that would allow a service member to designate who should receive the death gratuity, which would be the same process used to name beneficiaries for Servicemembers’ Group Life Insurance.