• USFSPA LAWSUIT UPDATE: Over fifty divorced veterans and active duty military personnel have gone to court to overturn a federal law that enables their ex-spouses to share in their retainer/retirement pay.
  
  
• WASHINGTON: - The Department of Veterans Affairs (VA) wants to ensure that surviving spouses of deceased veterans are aware of an approaching deadline that may affect entitlement to Dependency and Indemnity Compensation (DIC) benefits.
  
  
• WASHINGTON (June 25, 2004) - Veterans can receive chiropractic care at 26 selected Department of Veterans Affairs (VA) facilities beginning this fall, Secretary of Veterans Affairs Anthony J. Principi announced today.
  
  
• Military Widow's Tax - Survivor Benefit Plan - an amendment from Senator Mary Landrieu (D-LA) to phase out the age-62 benefit cut was adopted by the full Senate during consideration of the National Defense Authorization Act. Unlike the House version, the offset will be phased out over a ten year period.
  
  
• SHIFT COLORS - is now a tri-annual, vice quarterly publication for the Navy retiree community.
  
  
• Traffic Advisory of MMDA - Please be informed that effective tomorrow, 15 July 2004, MMDA will implement a new traffic violation ticketing system called Metropolitan Traffic Ticket (MTT)
  
  
• Resident foreign nationals employed or seeking employment in the Philippines. - Please be informed that effective tomorrow, 15 July 2004, MMDA will implement a new traffic violation ticketing system called Metropolitan Traffic Ticket (MTT)

USFSPA LAWSUIT UPDATE: Over fifty divorced veterans and active duty military personnel have gone to court to overturn a federal law that enables their ex-spouses to share in their retainer/retirement pay. The lawsuit is spearheaded by the ULSG, LLC, which was founded last summer to challenge the constitutionality of this law in court, after legislative efforts to amend the Uniform Services Former Spouses' Protection Act (USFSPA) failed. It contends unconstitutionality because it applied to people who already were in the service, and in some cases already retired, before it took effect. Forty of the retirees filing suit either were already in service or retired from service before the FSPA took effect June 25, 1981. The lawsuit argues these retirees were denied due process because the law was applied to their benefits retroactively. The suit also claims state courts do not uniformly apply the law, and service members and retirees are not always provided due process in such proceedings. Examples given are:
One plaintiff, an active-duty soldier serving in Iraq, was divorced in 1996 in Kansas but was ordered by an Arkansas divorce court to share her future retired pay with her ex-husband.
One plaintiff included in the suit is under a court order to give all his retired pay to his ex-wife.
One plaintiff was divorced in 1991 but doesn't expect to retire until 2007. His active-duty pay is being docked for retired pay he isn't receiving.
One plaintiff, an active-duty sailor with previous service in the Marines, received an unusual court order after his September 2001 divorce. It stated his ex-wife should not benefit from any pay raise he received after the divorce, but the lawsuit says the military has told him it cannot comply - so his wife will get extra money.

For over twenty years, state divorce courts repeatedly have added veterans' retainer/retirement pay to the pot of assets to be divided among divorced persons. The law has been controversial from the start, with service members and retirees arguing, unsuccessfully, that military retirement pay is not a pension but should be considered retainer pay because they could be recalled to active duty and because they, not spouses, earned the money. The ULSG wants to return to 1981, when the United States Supreme Court ruled in McCarty v. McCarty that divorce courts cannot touch
veterans' retainer/retirement pay. The USFSPA undoes that Supreme Court ruling. The ULSG acknowledges that some lawmakers intended the law to help former female spouses of military personnel, but points out that a snowballing number of women join the military every year, serving at all levels of the military, many which now are also affected and are having their retainer/retirement pay unrightfully taken from them.

The lawsuit's plaintiffs represent a cross-section of the over two thousand ULSG members from an estimated population of over 100,000 who are affected by this law. They include active duty, and men and women veterans who joined the military long before any law allowed their ex-spouses to
touch their retainer/retirement pay. Members of the ULSG, LLC have stated that the parties to this lawsuit span the map from active-duty Soldiers, Sailors, Airmen and Marines to veterans who have suffered from this law for over two decades. They ask for nothing more than to overturn this law.The lawsuit is entitled Adkins, ULSG, et al. v. Rumsfeld, United States District Court (E.D. Va.). The defendant in the case is Defense Secretary Donald Rumsfeld, sued in his official capacity because the Defense
Department administers the law. Additional information regarding this issue can be obtained from ULSG LLC, PO Box 270337, Tampa, FL 33688-0337; email: Members@ULSG.ORG or www.ULSG.org [Source: ULSG Press Release 3 May 04 & RSO Fort Douglas UT msg dtd 19 May 04]
FOR FURTHER INFORMATION, CONTACT:
MEDIA INQUIRIES:

Jonathan L. Katz, Attorney at Law
Lead Counsel for ULSG, LLC
Marks & Katz, LLC
1400 Spring Street, Suite 410
Silver Spring, MD 20910
Phone: (301) 495-4300
Fax: (301) 495-8815
E-mail: jon@markskatz.com
www.markskatz.com

NON-MEDIA INQUIRIES
ULSG, LLC
PO Box 270337
Tampa, FL 33688-0337
email: Members@ULSG.ORG
http://www.ULSG.org

(Return To Contents)

WASHINGTON - The Department of Veterans Affairs (VA) wants to ensure that surviving spouses of deceased veterans are aware of an approaching deadline that may affect entitlement to Dependency and Indemnity Compensation (DIC) benefits.
Last year, President Bush signed Public Law 108-183, the "Veterans Benefits Act of 2003," which restores entitlement to DIC and related home loan and education benefits for surviving spouses who remarry on or after their 57th birthdays.
VA officials are concerned that surviving spouses may not be aware of this change in law, or may overlook this benefit if their subsequent marriages have not ended.
Generally, VA pays DIC to the surviving spouses of military service members who die while on active duty, and to surviving spouses of veterans whose death resulted from service-related causes.
The basic monthly rate is $967 and is increased if the surviving spouse has dependents, is housebound, or meets criteria common to those who need a home aide. There are additional payments for dependent children. Parents who were dependent upon the service member's income also may qualify for DIC.
Under previous law, surviving spouses who remarried were not eligible for DIC unless their marriages ended. At that time they could apply for reinstatement of benefits.
Under the new law, surviving spouses who remarried after age 57 and before Dec. 16, 2003, have a limited time to apply for restoration of DIC.
They have one year from the date the new law was enacted (Dec. 16, 2003) to apply for restoration of benefits. If VA receives the application later than Dec. 15, 2004, restoration of DIC must be denied.
The one-year application period does not apply to other surviving spouses whose remarriage on or after attaining age 57 followed enactment of the law.
For more information on restoration of DIC, call VA's toll free number at 1-800-827-1000 or visit the nearest VA regional office. Office locations can be found in the blue pages of local telephone directories.
People who are hearing impaired should call VA at 1-800-829-4833 by use of a telecommunications device for the deaf (TDD).
More information on benefits and services is available at VA's Internet Web site www.va.gov.

(Return To Contents)

WASHINGTON (June 25, 2004) - Veterans can receive chiropractic care at 26 selected Department of Veterans Affairs (VA) facilities beginning this fall, Secretary of Veterans Affairs Anthony J. Principi announced today.
VA will hire or contract with doctors of chiropractic to provide the care. In consultation with VA primary care providers, doctors of chiropractic will offer patient evaluations and chiropractic care for neuromusculoskeletal conditions.
"Today, VA makes another significant improvement to the world-class health care we provide for eligible veterans," said Principi. "Veterans who will benefit from chiropractic services will now have the opportunity to receive chiropractic care to restore them to good health."
Locations where chiropractic care will be provided include Togus, Maine; West Haven and Newington, Conn.; Buffalo and the Bronx, N.Y.; Butler, Pa.; Martinsburg, W.Va.; Columbia, S.C.; Augusta, Ga.; Tampa and Miami, Fla.; Mountain Home, Tenn.; Columbus, Ohio; Danville, Ill.; Iron Mountain, Mich.; Kansas City, Kan.; Jackson, Miss.; San Antonio, Temple, and Dallas, Texas;
Albuquerque, N.M.; Fort Harrison, Mont.; Seattle, Wash.; Sacramento and Los Angeles, Calif.; and Sioux Falls, S.D.
Eligible veterans in areas distant from these locations will also be able to receive chiropractic care through VA's outpatient fee-basis program after a referral by their primary care provider, and prior authorization by the department.
VA was authorized to offer chiropractic care and services under the provisions of section 204 of Public Law 107-135, the Department of Veterans Affairs Health Care Programs Enhancement Act of 2001.
Chiropractors seeking employment or to provide contract services to veterans should call the Human Resources office of any of the above facilities. Some VA positions may be advertised at http://www.vacareers.com

(Return To Contents)

Military Widow's Tax - Survivor Benefit Plan: an amendment from Senator Mary Landrieu (D-LA) to phase out the age-62 benefit cut was adopted by the full Senate during consideration of the National Defense Authorization Act. Unlike the House version, the offset will be phased out over a ten year period. In addition, the Senate amendment includes an open season requirement that would require all open season enrollees to pay all back premiums since their retirement, plus interest. for the first time in history both the Senate and House have language to eliminate the SBP offset for survivors of military retirees (widows/widowers) when they become age 62.
The Landrieu amendment was modified to include a phase-out of the offset over a 10 year period and a second degree amendment from Sen. Ensign (NV) that was being pushed by the Department of Defense to make it more difficult to have an open season enrollment (penalties and interest for not signing up on time). However, we are in a strong position when the FY 2005 NDAA goes to conference. The House version has a phase-out period of 3 1/2 years and is already paid for with an offset. Compliments of EANGUS (Thanks Col Duffy)

(Return To Contents)

SHIFT COLORS is now a tri-annual, vice quarterly publication for the Navy retiree community. This change is another example of the effects of "funding constraints" and is referenced in the Spring/Summer 2004 issue.

(Return To Contents)

Traffic Advisory of MMDA: Please be informed that effective tomorrow, 15 July 2004, MMDA will implement a new traffic violation ticketing system called Metropolitan Traffic Ticket (MTT) ALONG EDSA ONLY wherein an MMDA traffic enforcer (in light blue shirts and black pants) should issue an MTT only for a traffic violation without confiscating the driver's license. The MTT should be paid at MMDA or a Metrobank branch within seven (7) days. An unpaid or overdue MTT will be cause for rejection of a driver's license when renewal is applied for at LTO every three (3) years. Appeals for rejected driver's license renewals would have to be taken up in an LTO traffic court. Drivers who have been issued MTTs should therefore keep the copy of the MTT when marked as paid at least until the next renewal of the driver's license.

Effective on Friday, 16 July 2004, Makati City will implement its new Traffic Ordinance which is basically the same set of traffic rules as that of MMDA and LTO but with higher fines for traffic violations. This ordinance will be implemented by enforcers (in yellow shirts and black pants) of the Makati Public Safety Authority (MAPSA). Unlike the MMDA traffic violations ticketing system, MAPSA will issue its own traffic ticket and confiscate the driver's license. The ticket will allow a driver to drive for seven (7) days during which time he must pay the fine and retrieve his driver's license at the MAPSA headquarters in Makati City (Makati City Fire Station, Ayala Av corner Sen. Gil J. Puyat Av).

It is theoretically possible for a driver to be unfortunate enough to be apprehended both by an MMDA traffic enforcer if he commits a traffic violation outside of Makati City and by a MAPSA traffic enforcer if he commits another violation again in Makati City. Please drive carefully. Source : Ms. Corazon Castillo, the Chief of Traffic Information Division, MMDA

(Return To Contents)

Resident foreign nationals employed or seeking employment in the Philippines.
The original DOLE Department Order No. 12 of 2001 was amended by Department Order No. 41-2003. Go to the website http://www.gov.ph/faqs/alienworkpermit.asp, at the bottom are links to the three amending orders, including No. 41. However, D.O. 12 can be accessed at the following http://www.dole.gov.ph/ Then go to the bottom to "Department Orders" then page down to #12.

The original D.O. 12 and this 2003 change are both based on Presidential Decree 442 (http://www.chanrobles.com/legal4labor.htm)

(Return To Contents)