Bipartisan legislation reintroduced this month in both the House and Senate would help protect and modernize survivor benefits, ensuring they keep pace with other federal programs and allowing survivors to retain benefits after remarriage, regardless of age.

MOAA supports both the Love Lives on Act and the Caring for Survivors Act, both of which address longstanding issues with survivor benefit eligibility and calculation. Here’s a look at each piece of legislation.

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Love Lives On Act

Surviving spouses who remarry under age 55 risk losing Survivor Benefit Plan payments and Dependency and Indemnity Compensation (DIC). This bill (S. 410 | H.R. 1004) – introduced in the Senate by Sens. Jerry Moran (R-Kan.) and Raphael Warnock (D-Ga.) and in the House by Rep. Richard Hudson (R-N.C.) – would remove this age restriction. It also would allow survivors to regain TRICARE eligibility if a second marriage ends in death, divorce, or annulment.

The Senate version had 25 cosponsors as of Feb. 26. The bill has the support of 40 advocacy organizations alongside MOAA, to include Tragedy Assistance Program for Survivors (TAPS) and the American Legion.

[ADD YOUR VOICE: Support the Love Lives on Act]

“Military service is family service, and our country owes a great debt to the surviving spouses of fallen servicemembers,” said Moran, who serves as chairman of the Senate Veterans’ Affairs Committee. “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.” 

Caring for Survivors Act

DIC benefit rates for survivors of those who die in the line of duty, or of veterans who die of service-connected ailments, have been only minimally adjusted since 1993. They now rest at 43% of a 100% disabled veteran’s compensation; this bill would raise that rate to 55%, resulting in about $450 more per month and matching the compensation percentage offered by similar federal programs.

The bill also allows more survivors who have cared for a disabled veteran to claim DIC benefits. Current law requires a veteran to have been totally disabled by a service-connected condition for at least 10 years in order for a survivor to qualify for DIC. The Caring for Survivors Act would reduce this to five years.

Reps. Jahana Hayes (D-Conn.) and Brian Fitzpatrick (R-Pa.) introduced the House version of the legislation (H.R. 680) on Feb. 6, while Sens. Richard Blumenthal (D-Conn.) and John Boozman (R-Ark.) introduced Senate legislation (S. 611) on Feb. 18.

“Unfortunately, the outdated rules governing Dependency and Indemnity Compensation mean many surviving families do not receive the full benefits they are entitled to,” said Hayes, adding that the bill “ensures the federal government keeps its promise to fallen servicemembers by supporting their families.”

Supporters alongside MOAA include Disabled American Veterans (DAV), the Elizabeth Dole Foundation, and the National Military Family Association.

[ADD YOUR VOICE: Support the Caring for Survivors Act]

More From MOAA

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• Access MOAA’s surviving spouse resources, including our monthly Surviving Spouse Corner and survivor publications (exclusive to Premium and Life members).