James Tichacek's RAO (Retiree Activities Office) Bulletins Current And Past Bulletins Veterans information bulletins covering Medical Care, Medical Supplements, Travel and Immigration, Tax/SS/Insurance, Legal, Death, Survivors, Pay, Finances, Tricare, Etc. GO TO THIS SITE: http://downloads.members.tripod.com/post_119_gulfport_ms/rao1.html SAMPLE E-MAIL: =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= From: James F. Tichacek To: <> Date: Wednesday, March 5, 2003, 1:07:21 AM Subject: RAO Bulletin Update [USS Leahy]: Concurrent Receipt Update 10, Continued Health Care Benefits Program, SS Benefits for a Divorced Spouse, SBP Delayed Claim, POW Special Compensation, Overseas Voters, TRICARE Coverage, & Academy Life Insurance Refund Update Files: --====----====----====----====----====----====----====----====----====----===-- Concurrent Receipt Update 10: Sen. Harry Reid, D-Nev., has introduced a bill to provide full concurrent receipt of military retired pay and disability compensation from the Department of Veterans Affairs. His bill, S-392, has 38 cosponsors. The House counterpart, HR-303, sponsored by Rep. Michael Bilirakis, R-Fla., has 120 cosponsors. Similar bills died in the last Congress in the face of threats of a veto by President Bush, although a bill for concurrent receipt for the most severely disabled retirees was passed. The preponderance of retirees (who did not benefit by last year's bill) forfeit one dollar of retired pay for every dollar of disability compensation they draw. Military retirees are the only class of retirees who must forfeit their retired pay to accept disability compensation from the VA. [Source: Armed Forces News Issue: 28 FEB 2003] Continued Health Care Benefits Program [CHCBP]: CHCBP is offered for persons who are losing their eligibility for TRICARE benefits which are: n individuals separating (not retiring) from the military; n dependent children reaching the age of 21 and who are not full-time students, n dependent children who reach the age of 23 and were, or are, full-time students, n dependent children who marry, n divorced former spouse who does not meet the requirements to maintain benefits as an Un-Remarried Former Spouse. The above may apply for temporary, transitional medical coverage under the CHCBP which can act as a "bridge" between your military health benefits and your new job's medical benefits. If you purchase this conversion health care plan, CHCBP may entitle you to coverage for preexisting conditions often not covered by a new employer's benefit plan. The CHCBP benefits are comparable to the TRICARE Standard benefit, which covers a majority of medical conditions, uses existing TRICARE providers and follows most of the rules and procedures of TRICARE Standard. However, for some types of treatment, coverage can be limited. Prior to enrolling in CHCBP, interested beneficiaries are encouraged to contact a TRICARE Service Center to ask specific questions regarding TRICARE Standard coverage. Eligible beneficiaries must enroll in CHCBP within 60 days following the loss of entitlement to the Military Health System. To enroll, you will be required to submit: * A completed CHCBP Enrollment Application form (DD Form 2837). * Documentation as requested on the enrollment form, e.g., DD-214-Certificate of Release or Discharge from Active Duty; final divorce decree; DD1173-Uniformed Services ID Card. Additional information and documentation may be required to confirm an applicant's eligibility for CHCBP. * A premium payment for the first 90-days of health coverage. The premium rates are $933 per quarter for individuals and $1,996 per quarter for families. Humana Military Healthcare Services, Inc. will bill you for subsequent quarterly premiums through your period of eligibility once you are enrolled. CHCBP coverage is limited to 18 months for separating Service Members and their families or 36 months for others who are eligible. In some cases unremarried former spouses may continue coverage beyond 36 months if they meet certain criteria. You may not elect the effective date of coverage under CHCBP. For all enrollees, CHCBP coverage must be effective on the day after you lose military benefits. For more information, visit www.humana-military.com/chcbp/main.htm . [Source: MOAA Benefit Update FEB 03] SS Benefits for a Divorced Spouse: Federal law overrides any legal paperwork from the lawyers. A divorced spouse can get benefits on a former husband or wife's Social Security record if the marriage lasted at least 10 years. The divorced spouse must be 62 or older and unmarried. She gets the same amount she would get if she were still married to him -- up to half of his benefit amount while he's still alive and possibly all of it when he dies. If the spouse has been divorced at least two years, he or she can get benefits, even if the worker is not retired. However, the worker must have enough credits to qualify for benefits and be age 62 or older. The amount of benefits a divorced spouse gets has no effect on the amount a current spouse can get. For more information, see Social Security Administration's online publication, "What Every Woman Should Know" at http://www.socialsecurity.gov/pubs/10127.html. SBP Delayed Claims: SBP beneficiary's heads up. The Court of Federal Claims has accepted the government's motion to dismiss a claim by the widow of a retired Naval reservist for Survivors Benefit Plan payments. Sarah S. Jackson filed a claim almost 15 years after the death of her husband, Chief Hull Maintenance Technician Clifford T. Jackson. Jackson died approximately four and one-half years before his 60th birthday, when he would have been eligible for retired pay. The court ruled not to hear the case essentially because: (1) Sarah Jackson should have known that her husband had executed an SBP agreement because she signed the document as his spouse; (2) the Navy had no legal responsibility to notify her after her husband's death that she rated SBP payments; and (3) she had lost the legal ability to file a federal claim when the six-year limitation for filing claims expired. [Source: Armed Forces News Issue 24 JAN 2003] POW Special Compensation: In the 107th Congress H.R. 5235 Former POW Special Compensation Act of 2002 was introduced to establish a three-tiered special monthly pension for former POWs. Chairman of the House Veterans Benefits Subcommittee. The new compensation was proposed to be administered and paid by the VA. Under it a former POWs detained 30 to 120 days would receive $150 a month, 121 to 540 days $300 a month, and more than 540 days $450 a month. It would have been paid without regard to any other compensation and would not have been considered income for purposes of eligibility under any other federal or federally assisted program. According to congressional sources, there are an estimated 42,781 living American ex-POWs. More than 39,700 are WWII survivors, 2400 from the Korean War, 601 from the Vietnam War, one from Somalia and three from Kosovo. Approximately ten former American POWs die each day. This bill died with the close of the 107th Congress and has not been reintroduced in the 108th. Readers concerned with seeing compensation paid to former POWSs should contact their legislators to promote reintroduction and sponsorship of a new bill. [Source: The QUAN Vol. 57-4 dtd JAN 03]. Overseas Voters. These include: n An absent Uniformed Services voter who, by reason of active duty or service is absent from the United States on the date of the election involved; n a person who resides outside the U.S. and is qualified to vote in the last place in which the person was domiciled before leaving the U.S.; or n a person who resides outside the U.S. and (but for such residence) would be qualified to vote in the last place in which the person was domiciled before leaving the U.S. The above mentioned citizen's last place of domicile must be in the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa. The Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) permits absent Uniformed Services voters and overseas voters to use absentee registration procedures and to vote by absentee ballot in general, special, primary, and run-off elections for Federal office. In addition, most Uniformed Service members may choose to vote a full ballot (Federal, state and local elections). Some states have expanded these laws to allow other overseas citizens to vote a full ballot. Those states can be located in the 2002-03 Voting Assistance Guide for state-specific guidelines. There are many United States citizens who have never resided in the U.S. and under current law are not entitled to vote. These are usually first or second-generation U.S. citizens overseas who are subject to U.S. income tax and all other requirements of citizens. Except for the fact that they have never resided in a state, they would be eligible to vote in elections for Federal office. Ten states have passed legislation allowing these citizens to claim the legal residence of a parent. These states are: Georgia, Hawaii, Iowa, New York, Oklahoma, Oregon, Rhode Island, Tennessee, West Virginia, and Wisconsin. The Federal Voting Assistance Program website at www.fvap.gov contains up-to-date information and materials, the current 2002-03 Voting Assistance Guide and other publications. [Source: Voting Information News- February 2003] TRICARE Coverage: One of the most frequent questions received by the TRICARE Help E-mail Service [THEMS] is "what medical benefits or medications are covered?" In general terms, most medically appropriate, non-experimental treatment for a covered illness or injury is approved by TRICARE. Medically appropriate - TRICARE provides medical care in accordance with currently accepted treatment standards of the medical community. Based upon medical history, symptoms, diagnosis, and professional judgment, the provider may perform appropriate testing and treatment. Normally, the less invasive and complex diagnostic tools must first be utilized, unless the provider furnishes medical evidence to support an exception. If the provider disagrees with TRICARE on the appropriate treatment, there are a variety of appeal procedures available to secure appropriate and timely treatment for the patient. Experimental procedures - TRICARE will not cost share unproven or experimental treatments. Some new treatments receive significant publicity but, upon further medical evaluation, prove to be either harmful or ineffective. These treatments are not covered. On the other hand, there are new procedures and products that, after evaluation, prove to advance medical boundaries in the diagnosis and treatment of injury or disease. After a new product or procedure receives FDA approval, TRICARE performs a technical appraisal and, if feasible, adds the new treatment to the long list of approved TRICARE benefits. Covered illness or injury - TRICARE does not cover most cosmetic procedures, nor does it cover services by unauthorized providers such as chiropractors or acupuncturists. Most illnesses and injuries are considered covered conditions. The important thing to remember is to contact an expert, usually a health care finder at the nearest TRICARE Service Center, to discuss clinical aspects of your case. Unique characteristics of your condition may mean a treatment that is normally not covered may be approved by TRICARE. Examples include adjunctive dental care and cosmetic surgery in response to disfigurement, such as breast reconstruction or repair after burn injuries. Medications - With respect to medications, most FDA approved medications are available if medically necessary. If a suitable generic medication is available, that medication will be provided, unless the prescribing physician provides medical support to the contrary. Likewise, TRICARE will normally contract with drug companies to provide popular medications at a discount. For example, Zocor is the preferred brand in the Statin class of drugs to reduce cholesterol. If, however, the doctor provides medical support to prescribe Lipitor rather than Zocor, the patient will be able to get the appropriate drug to treat his or her condition. Questions - The TRICARE Handbook provides information on both covered and non-covered benefits. Likewise, the TRICARE Policy Manual contains detailed information about your benefits. Both publications are available on line and can be accessed through the pull-down menu on the TRICARE website www.tricare.osd.mil . You can send questions or comments about any of the above or make inquiries regarding your personal situation to THEMS at TRICARE_Help@amedd.army.mil. THEMS is a free e-mail service that provides quick answers to TRICARE questions. Clinical issues should be referred to your primary care provider. [New: FEB 03] Academy Life Insurance Refund Update: As part of a $160 million settlement to avoid federal prosecution for defrauding service members, Academy Life agreed to never again sell another insurance policy in the United States or ask DoD for permission to conduct business on U.S. military installations. The Defense Department in 1998 barred the company from doing business on military installations for three years. The complaint alleged the insurers sold more than 92,000 policies of a particular life insurance plan to service members and their families between 1993 and 1998 and reaped more than $200 million in premiums. Academy Life has agreed to add 6.5 percent to the face value of any policies still in force, and to provide refunds to those who canceled policies between 1991 and 1998. The company seeks immediate contact with an estimated 110,000 current and former service members who may be eligible to receive payments. Notices and payment applications were mailed by FEB 24 to the last address on file for thousands of former policyholders it believes are eligible. Eligible persons have until June 24 to file for a refund. After that deadline, applications will not be considered. Refunds of up to $200 per policy will be made. Former policyholders must meet all the following conditions to be eligible for payment from the settlement fund: The person was the last owner of a Genesis Series policy issued from Jan. 1, 1991, through Dec. 31, 1998. The policy terminated prior to Sept. 30, 2002. No death benefit was paid under the policy. The person was living on Sept. 30, 2002. The person accurately completes an application for payment and mails it to Academy Life by June 24. Anyone wishing to contact Academy with reference to insurance policies can call 1-800-523-5625. The company, formerly affiliated with the Non Commissioned Officers Association, admitted no wrongdoing in settling charges that had included fraud, false statements and misrepresentation. As a result of the situation, Defense officials have stated that they will tighten up on-base solicitations early this year. In addition, a joint-service coordinating council will be established as a clearing house for information about individuals and companies that violate base access rules. [Source: Armed Forces News 3 JAN 03 & PASBA msg. 20 FEB 03] Lt. James "EMO" Tichacek, USN (Ret) Director, Retiree Activities Office & U.S. Embassy Warden Baguio City RP Email: raoemo@mozcom.com (PRI) or raobaguio@hotmail.com (Alternate) Web:http://downloads.members.tripod.com/post_119_gulfport_ms/rao1.html Tel: (63-74) 442-7135 or stateside FAX to email service 1-801-760-2430 AL/AMVETS/CORMV/DAV/FRA/NAUS/NCOA/PRA/TROA/USDR/VFW/VVA/CG33/DD890/AD37 member =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=