Second Legislative Session

The House returns for the Second Session of the 112th Congress, with the Senate returning the following week. Lawmakers can still consider legislation introduced in the first session (2011), as well as new bills that are introduced this year.

In addition to being a presidential election year, the 2012 elections in November will also determine 33 Senate seats and all House of Representatives posts. New boundaries have been defined by state legislatures for all House districts, except in states that have only one congressional district. Another unique aspect of the coming year is the threat of sequestration that includes $500-$600 billion in automatic cuts to the Defense budget, beginning Jan. 1, 2013, unless Congress acts to delay, repeal or restructure sequestration this year.

Military, retirees and dependents are urged to contact and to ask their U.S. Representative to support the “Down Payment to Protect National Security Act” (H.R. 3662) that would exclude the DoD budget from the first year of sequestration (2013). Military organizations support this legislation, noting that DoD is already identifying over $450 billion in budget cuts over the next 10 years. The additional $500-$600 billion in reductions could jeopardize essential military pay and benefit programs, which would have a negative impact on recruiting, retention and overall military readiness.

New Form and Legislation for Reporting Retiree Deaths

The Defense Finance and Accounting Service launched a new online form to make it easier for grieving family members to report the deaths of military retirees. The form and additional information are available at: http://www.dfas.mil/retiredmilitary/newsevents/newsletter/newform.html

This new form will help eliminate the problem of overpayment, which can result in financial and emotional hardship for the family when repayment is required without warning. The problem most often occurs when a military retiree dies late in the month. If the death report and other administrative details are not handled before the next retirement payment is processed, an overpayment occurs for the period between the retiree’s death and the end of the month. DFAS is required to recoup this overpayment directly from the survivor’s bank account and can do so with little or no warning.

A legislative remedy has been proposed by Representative Walter Jones (N.C.) who has introduced legislation (H.R. 493) authorizing surviving spouses (or other designated survivors) to retain the full month’s retired pay for the month in which a military retiree passes away. “The Military Retiree Survivor Comfort Act” seeks to ensure survivors are not unfairly burdened when overpayments occur. Jones’ proposal would allow survivors to retain the full month’s retired pay for any month in which the retiree was alive for at least 24 hours. To offset the cost associated with this proposal, a provision of the bill would delay the first Survivor Benefit Plan annuity payment until the month after the retiree dies. Congress passed a similar law in 1996 allowing surviving spouses to retain veterans’ disability and VA pension payments issued for the month of the veteran’s death. FRA believes military retired pay should be no different. Military, retirees and dependents are urged to contact and to ask their U.S. Representative to support this bill.

Walgreens No Longer in TRICARE Network

The retail pharmacy contract between Express Scripts Inc. and the Walgreens pharmacy chain has expired, which means Walgreens is no longer a TRICARE pharmacy network provider as of Jan. 1, 2012. In addition to 56,000 other network pharmacies, TRICARE beneficiaries have other options for filling prescriptions, including military pharmacies (at no cost) and convenient TRICARE Pharmacy Home Delivery. Generic medications are available at no cost through Home Delivery.

Beneficiaries who use non-network pharmacies, including Walgreens, pay full prescription costs upfront and submit their own claims for reimbursement. Reimbursement will occur only after the non-network deductible is met. Out-of-network costs include a 50-percent point-of-service cost share for TRICARE Prime, after deductibles are met. All other non-active duty TRICARE beneficiaries pay the greater of a $12 co-pay or 20 percent of the total cost for formulary medications and the greater of $25 or 20 percent of the total cost for nonformulary medications, after deductibles are met.

TRICARE beneficiaries changing from Walgreens pharmacy can simply take their current prescription bottle to their new network pharmacy to have the prescription transferred. To find a nearby network pharmacy, use the “find a pharmacy” feature on www.expressscripts.com/tricare. Beneficiaries who want help finding a pharmacy, changing their medications to Home Delivery or who have other questions can contact Express Scripts at 1-877-885-6313.

David Miller is a resident of Lexington Township. He provides an occasional column here in the Irregular on veterans’ benefits and concerns.