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Rose Fleet
GSA Inc., Legislative and Policy, Chair 

OTHER  INFORMATION

FSA Program Starts to Stir 

2003 Pay Raise Still Unsettled

Pay Continuation for Activated Employees Proposed

ARMED Forces Personnel and Retirees:

Scholarships Available to Help Feds with Tuition:

Troops Get Some Income Tax Relief for Combat Zone Service

Tax Fairness Act Nears Completion – UPDATE

Get Professional Investment Advice—FREE

Airline Luggage Weight Limits Changed:

Partial Tax Exemption Okayed For Home Sales:

Space-A Travel:

Jobless Benefits Measure First Bill Cleared in 108th Congress:

New Contracting Policies Draw Opposition

Premium Conversion Measure Moves

Prescription Drug Measure No Panacea

Retirement Crediting Guidance Issued

Affirmative Action Plan in Institutions:  www.bamn.com

We shall never forget In Memoriam of  Willie McCool

LEGISLATION PASSED

Veteran Information

Major Breakthrough

COLA and Medicare Adjustments Begin Jan. 1

New Tax Relief Act Aids Service Members & Families
 

House Studies SBP Changes:

Part B Late Enrollment Relief Stalled:

Reserves Get Temporary Health Benefits:

LES Changes to Reduce Identity Theft:




 

 

 


FEDERAL NEWS

FSA Program Starts to Stir:  The Office of Personnel Management has issued preliminary guidance to federal agencies on flexible spending accounts, the program to become available in July across the executive branch that will allow participants to set aside money on a pre-tax basis to be used for certain dependent care and medical and dental care expenses. OPM stated that it expects the open season for electing FSAs will begin in mid-May.  Also, it said it expected that the allowable size of the health care expense FSA will be between $2,000 and $3,000 a year; however exact amount would be determined in the contract with the company that will administer the program. OPM is expected to announce its choice of a carrier soon. The guidance also stressed that unlike "premium conversion"—the arrangement in which active employees may pay Federal Employees Health Benefits program premiums with pre-tax money—enrollment in FSAs will not be automatic but must be elected in order to participate.

2003 Pay Raise Still Unsettled:  Congress hopes to make a final decision soon on whether the 2003 federal pay raise will remain the 3.1 percent across-the-board amount, with no increase in locality pay, that took effect by default this month or whether to boost it by an additional percentage point, with the additional amount to be divided up as locality pay. Leaders are hoping to reach a resolution before the first week of February, when the budget cycle for the next fiscal year is to start.

Pay Continuation for Activated Employees Proposed:  Legislation (HR-217) has been offered in the House by Rep. Robert Wexler, D-Fla., to maintain the salaries of federal employees who are activated for National Guard or Reserve military service, a reintroduction of a bill that was offered last year but that did not progress through the legislative process. Currently, activated employees receive only their military pay, which in many cases is much lower than what they receive as federal workers. The bill would make the combined military and civilian pay equal to an individual’s regular salary.

ARMED FORCES PERSONNEL AND RETIREES:  You can sign up for FREE weekly email delivery of Armed Forces News, the free weekly email newsletter for armed forces personnel & retirees.  Every week, it will be automatically emailed to your home or office (or both!). Simply go to: http://www.armedforcesnews.com and click on sign up at top of home page.  Valuable resource of information on benefits, promotions, insurance, TRICARE, etc.

Scholarships Available to Help Feds with Tuition:  Applications for the 2003-2004 Federal Employee Education and Assistance college scholarship program are now available.  FEEA, a 17-year-old nonprofit organization that helps federal employees and their families in need, provides annual scholarships to help federal employees or their dependents pay for college tuition. Scholarships range from $300 to $1,500 per student, depending on the amount of federal employee donations received by FEEA through the Combined Federal Campaign.Applicants can be high school seniors, full-time college students or graduate students with a minimum 3.0 grade point average. Federal employee applicants may be part-time students, but must have at least three years of experience as a civilian federal employee or postal worker. Potential applicants can find more information and download an application at FEEA's Web site http://www.feea.org/. Applications must be postmarked by March 28, and awards will be announced in August in time for the start of the academic year. To receive an application by mail, send a self-addressed, stamped business-size envelope to:  FEEA Scholarships 8441 W. Bowles Ave., Suite 200 Littleton, Colorado, 80123-9501.

Troops Get Some Income Tax Relief for Combat Zone Service:  Depending upon rank, eligible service members can exclude from federal income tax either all or some of their active duty pay -- and certain other pays -- earned in any month during service in a designated combat zone.  According to the Internal Revenue Service's Armed Forces' Tax Guide for 2002, "a combat zone is any area the President of the United States designates by Executive Order as an area in which the U.S. Armed Forces are engaging or have engaged in combat."  Current combat zones are Afghanistan, specified parts of the Kosovo area and the Persian Gulf region. The tax guide defines the qualifying areas. Some members providing direct support for military operations within a designated combat zone or qualified hazardous duty area may also be eligible for income tax exclusions.  While military members can use the tax guide in preparing their 2002 federal tax returns, those who have specific questions about designated combat zones should contact their unit personnel or pay officials or unit tax assistance officer.  

LEGISLATION PASSED

Senate

S. 704 By Mrs. Collins - to increase the amount of the death gratuity payable with respect to deceased members of the Armed Forces

S. 711 By Mr. McCain - Selected Reserve Bonus Delay Alleviation to alleviate delay in the payment of the Selected Reserve reenlistment bonus to members of Selected Reserve who are mobilized.

S. 712 By Mr. McCain - to provide Survivor Benefit Plan annuities for surviving spouses of Reserves not eligible for retirement who die from a cause incurred or aggravated while on inactive-duty training

S. 718 By Mr. McCain - Troops Phone Home Free Act of 2003 monthly allotment of free telephone calling time to members of the United States armed forces stationed outside the United States who are directly supporting military operations in Iraq or Afghanistan

Tax Fairness Act Nears Completion – UPDATE:  Both the Senate and the House have passed similar versions of the Armed Forces Tax Fairness Act of 2003. Because of minor differences between the two bills, they must be reconciled in a joint House-Senate conference before a combined bill can be sent to the President. Under the measures, a home owner transferred by military orders or ordered into government quarters would have more than five years to meet the two-year residency requirement for a capital-gains tax exclusion on home-sale profits.  The bills also would provide a tax deduction for Reservist and Guard expenses for overnight travel related to drills, and would raise the tax exemption for active-duty death gratuities from the existing $3,000 exemption.

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Airline Luggage Weight Limits Changed:  Northwest Airlines, American Airlines, United Airlines and Delta Airlines have changed their checked baggage policy concerning weight limits and excess charges for luggage on domestic flights. Continental Airlines also has announced it will make similar changes on April 15. The carriers will still accept luggage up to 100 pounds per piece but will charge significant fees for luggage weighing in the upper limits. Most airlines allow two pieces of luggage, 50 pounds maximum each, to be checked free of charge. Bags exceeding 50 pounds but less than 70 pounds will be assessed an excess-baggage fee of around $25 per bag. Bags between 70 and 100 pounds will be charged about $80 per bag. Waivers are available to military members on official orders, including active duty, Guard, Reserve and Coast Guard. The waivers do not apply to family members or to Defense Department civilians.

Partial Tax Exemption Okayed For Home Sales:  Under the law, service members who sell a home must have resided in it for at least two years out of the previous five to qualify for a capital gains tax exemption (up to $250,000 for an individual and $500,000 for a couple). However, an IRS regulation of Dec. 24 allows members and others who are transferred 50 miles or more from their residence before reaching the two-year threshold to qualify for prorated exemptions. The amount will be based on how many months or days of the two-year requirement have been met. For example, one year of residence would merit 50 percent of the tax exemption, which would mean an exemption of up to $125,000 for an individual and $250,000 for a couple.

Space-A Travel:  DoD begins this month to test the expansion of Space-A privileges for dependents traveling within CONUS.  Under the year-long test:

Dependents of active duty and retired military people will be able to travel Space-A aboard military flights in CONUS when accompanied by their sponsors.

Dependents will assume the same category of travel as their sponsors.
Retirees may sign up for the test program 60 days in advance.
Active duty people must be in leave or pass status to register for Space-A travel, remain in a leave or pass status while awaiting travel and be in a leave or pass status the entire period of travel.  The test runs through April 31, 2004.
 

Jobless Benefits Measure First Bill Cleared in 108th Congress:  The House cleared the first bill of the 108th Congress, a measure that would provide a 13-week extension of unemployment benefits.  President Bush is expected to sign the bill today.  The bill would provide 13 weeks of  federally funded benefits, in addition to 26 weeks of state assistance, to laid-off workers who apply for the extra aide by the end of May.

*   New Contracting Policies Draw Opposition.  The revisions to the government's contracting-out policies under Office of Management and Budget Circular A-76 have drawn opposition from several directions, including suits filed separately by the two largest federal employee
unions, the American Federation of Government Employees and the National Treasury Employees Union.  Meanwhile, legislative proposals are pending to slow down the contracting-out programs at agencies including the Agriculture and Interior departments, and no action has
been taken on a Veterans Affairs department request for funds needed to conduct job competitions there.  In its letter to Congress on possible restrictions on contracting-out, Office of Management and Budget director Clay Johnson III said: "Despite the claims being made by
some about the initiative, the goal of competitive sourcing is not to get rid of federal employees. Nor is it designed to give work to the private sector. To the contrary, we want to attract, develop and retain talented people to work in the government.

*   Premium Conversion Measure Moves.  The House civil service subcommittee has cleared legislation (HR-1231) to allow federal retirees to participate in the "premium conversion" arrangement that allows active employees to pay Federal Employees Health Benefits program
premiums with pre-tax money. The measure now moves to the full Government Reform Committee, where prospects also are
considered good since the chairman, Rep. Tom Davis, R-Va., is the bill's main sponsor. After that, however, prospects
for the bill are much more doubtful, since it then will be sent to the House Ways and Means Committee, which has proved
to be the measure's graveyard since premium conversion for employees, but not retirees, was made available nearly three years ago.

*   Prescription Drug Measure No Panacea.  Although the House has passed a bill (HR-2631) to protect retiree prescription drug benefits, the measure does not provide as wide a protection as some retirees apparently are hoping. The measure specifies that prescription drug
coverage for retirees must remain the same as that for active employees. The provision is a reaction to concern that once a prescription drug benefit is created in Medicare, employers including the federal government will cut back on prescription drug coverage for their retirees. The
House-passed bill in effects assures that there will be no current employee drug plan as opposed to a retired employee plan, according to chief sponsor Rep. Tom Davis, R-Va. A counterpart bill is pending in the Senate (S-1369).

*   Retirement Crediting Guidance Issued.  The Office of Personnel Management has sent guidance to agencies regarding employees who perform active military duty while in a leave without pay status who receive civilian pay--for example by using military leave or annual leave--
subject to retirement deductions during their active military duty. When those employees return to work and apply to pay a military deposit so that the time is credited toward their retirement benefits, they will only owe a deposit for the period of military duty not covered by civilian pay and retirement deductions, OPM said. Employees who receive civilian pay during active military duty from which retirement deductions were withheld must include
documentation of their civilian pay with their application to pay the military deposit, it added.

1. Major Breakthrough on Concurrent Receipt on Oct. 16, House Majority Whip Roy Blunt, R-Mo., Armed Services Committee Chairman Duncan Hunter, R-Calif., and Veterans Affairs Committee Chairman Chris Smith, R-N.J., announced a final agreement on concurrent receipt with Senate
leaders and the White House. Details:

Full concurrent receipt for military retirees who are rated 50 percent or more disabled by the VA will be phased-in over a period of 10 years beginning Jan. 1, 2004.

Combat Related Special Compensation will be expanded, effective Jan. 1, 2004, to include all retirees with combat and combat-related disabilities regardless of percentage of disability. 

In both cases, Guard and Reserve retirees, including those with less than 7,200 retirement points, will be eligible.

All provisions of the agreement will be part of the fiscal 2004 Defense authorization bill.

2. COLA and Medicare Adjustments Begin Jan. 1.   Effective Jan. 1, 2004, cost of living adjustments of 2.1 percent will kick in for Social Security payments, military and federal retired pay, VA disability compensation and SBP annuities. This will mean $19 more per month for an average
Social Security retiree, or a rise from $903 monthly to $922 for an individual, and from $1,492 monthly to $1,523 for a married couple. Meanwhile, the premium for Medicare Part B (Medical Insurance) will jump 13.5 percent, for a $7.90 monthly hike to $66.60. Because military retirees and spouses
must be enrolled in Medicare Part B to be eligible for Tricare for Life, this represents an increase in the cost of participating in TFL. 

 

Military Family Tax Relief Act of 2003 - Legislation signed by President Bush on Veterans Day increases the death gratuity payment to $12,000 and provides that the full payment is tax-free.

That portion of the Military Family Tax Relief Act of 2003 is retroactive to Sept. 10, 2001, to provide for service members who died in the terrorist attacks the following day and in the ongoing global war on terror, said Army Lt. Col. Janet Fenton, director, Armed Forces Tax Council.

"If you are killed on active duty, regardless of whether you're in theater, or in a training accident or die from disease, your family receives $12,000 death gratuity that is not taxed," she added. "And that's a big change. In addition any future increases to the death gratuity will remain tax free."

The death gratuity has been $6,000 since 1991, with half of it being taxed, said the director. "It just didn't seem to be fair for the military family who was left grieving for their service member to get hit with a tax bill," she added.

Capital gain exclusion for home sales is one of the most common areas people were looking for tax relief in, said Fenton. "This act will allow members to suspend the period of time which they have to sell their home and take the tax exclusion so they won't have to pay that capital gains," said Fenton. "It's retroactive to 1997 so military members who have sold their homes since 1997 have one year from Nov. 11, 2003, to request a refund for any tax they did
pay."

Since 1997, when the law was previously changed, if service members who owned a home got reassigned more than 50 miles from that home or was ordered to move on post, they were no longer able to roll over the gain from that sale to the next home they purchased.

Also since 1997 individuals could exclude up to $250,000 ($500,000 for married couples) of gain from the sale of a home if they resided in the home for two of the five years preceding the sale. Under this act military and Foreign Service personnel can suspend (for up to 10 years) the time transferred away from home on official extended duty for purposes of applying the five-year portion of the two-out-of-five-year rule.

The 2003 act also includes above-the-line deduction for overnight travel expenses of military reservists and National Guardsmen who have to travel more than 100 miles to attend drills or meetings.

"The act allows for an above-the-line, which means you don't have to itemize your taxes to take advantage of this deduction," said Fenton. She added that service members will "be able to deduct unreimbursed travel expenses such as lodging, 50 percent of meals and any transportation costs." This part of the act is retroactive to Jan. 1, 2003.

When the tax code changed in 1986, it said any military benefit existing in September 1986 would remain tax-free, said Fenton. However, it was always unclear whether military child care was included in that, she added. "This act merely makes it clear that those provisions of child care were intended to be tax-free to military members."

The tax act also provides for extra tax-filing time for troops serving in contingency operations. The internal revenue code allows service members who are serving in combat zones or hazardous duty areas to have an extension of time - usually 180 days from the time the person leaves the combat zone -- to file taxes.

"A lot of military operations don't rise to the level of being declared by the president as  'combat,'" said Fenton.  "But there are several contingency operations where service members are outside the continental United States."

The act also includes modifying eligibility criteria of tax-exempt veterans organizations; tax-free treatment of homeowners' assistance program payments; suspension of tax-exempt status for designated terrorist organizations; and extension of victims' tax relief to astronauts who die on space missions.
 

House Studies SBP Changes:

The House armed services and budget committee staffs are considering ways to improve the Survivor Benefit Plan. The Military Coalition, with some 34 veteran-oriented groups, has proposed a phase-out of the current 36 percent reduction in SBP benefits that hits survivors at age 62. TMC also
wants to repeal the dollar-for-dollar offset in annuities for survivors who receive dependency and indemnity compensation from the Department of Veterans Affairs. In addition, it proposes ending premium payments this year instead of in 2008 for retirees who have paid for 30 years or more. And TMC would allow SBP payments for active-duty deaths to be paid to children if a surviving spouse remarries, as is done for retirees. A report is due to Congress in March from the Defense Department and the General Accounting Office that will compare SBP benefits with private sector and commercial life insurance death benefits.

Part B Late Enrollment Relief Stalled:

The Medicare prescription drug act authorizes 90,000 Medicare-eligible military retirees to enroll in Part B at any time during calendar year 2004 without a late enrollment penalty, thus becoming eligible for Tricare for Life. However, the only action taken by Centers for Medicare & Medicaid Services
as of Feb. 9 was to issue a policy document. Thus, Social Security offices are still not enrolling eligible retirees or waiving late-enrollment penalties for qualified members already enrolled.

Reserves Get Temporary Health Benefits:

The Department of Defense is implementing the "2004 Temporary Reserve Health Benefit Program" for eligible Reserve Component sponsors and their family members. The program includes three TRICARE benefit provisions which will last until Dec. 31, 2004. One authorizes TRICARE medical and dental coverage for Reserve component sponsors activated for more than 30 days and their family members. Eligibility begins either on the day the sponsor
receives delayed-effective date active duty orders or 90 days prior to the date the active duty period begins, whichever is later. A second provision extends TRICARE benefits to 180 days for Reserve component sponsors who separate from active duty status during the period Nov. 6, 2003 through Dec. 31, 2004, and their eligible family members. The third provision extends TRICARE medical benefits to Reserve component sponsors and family members who are either unemployed or employed but not eligible for employer-provided health coverage.

LES Changes to Reduce Identity Theft:

Over the next several weeks, the Defense Finance and Accounting Service will drop the first five digits of a person's Social Security number from all pay statements and checks to guard against identity theft. Since individuals affiliated with the military services are already accustomed to listing the last
four digits of their Social Security number on sign-in sheets and other forms, the absence of the first five may largely go unnoticed. The Social Security Administration also has taken the same step of eliminating the first five Social Security digits its checks.