AN ACT PROVIDING IMMEDIATE ASSISTANCE TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES

AN ACT PROVIDING IMMEDIATE ASSISTANCE TO MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES

This bill provides death benefits to dependent survivors of certain military personnel who are killed in action or die from an illness or accident sustained while performing active duty service in Southwest Asia in support of Operation Enduring Freedom (Afghanistan) or Operation Iraqi Freedom between September 11, 2001 and July 1, 2006. The amount is up to $ 100,000 for a surviving spouse and $ 50 monthly for each dependent child under age 18.

The bill establishes the Service Members’ Life Insurance Reimbursement Fund to reimburse Connecticut-domiciled, armed forces members, including reservists, on active duty in wartime for premiums they pay for up to $ 100,000 of federal Servicemembers Group Life Insurance (SGLI) benefits.

The bill establishes a military relief fund to provide grants to immediate relatives of Connecticut-domiciled, active-duty armed forces members, including guardsmen, to pay for personal or household goods and services in hardship cases. Funding is from voluntary taxpayer donations made under a program that allows taxpayers to (1) contribute all or part of a refund; (2) designate up to $ 5 or $ 10 of any taxes they owe, depending on their filing status; and (3) designate an additional amount. Similar provisions apply to corporate filers, who may make larger contributions and designations.

The bill requires the Department of Veterans’ Affairs (DOVA) to create a registry of veterans and armed forces members to facilitate notification of listed persons about benefits and services available to, and legislation affecting, them. It requires DOVA to provide a toll-free number that military personnel and their families can call every day, including holidays, for information about, and referrals to entities that provide, such benefits and services.

The bill requires the National Guard to create a volunteer program to provide free services to families of resident, active-duty service members, including guardsmen. These include babysitting, gardening, and repair services. It requires the National Guard to publicize to members of the armed forces, including guardsmen and their families, the availability of therapy support groups.

EFFECTIVE DATE: The volunteer program, therapy program, SGLI premium reimbursement, and Military Relief Fund are effective upon passage; the other provisions are effective July 1, 2005 and the tax provisions apply to taxable years commencing on or after January 1, 2005.

This bill gives death benefits to certain survivors of Connecticut-domiciled, armed forces members and reservists who are killed in action or die from illness or accident suffered while deployed in active duty service in Southwest Asia in support of Operation Enduring Freedom or Operation Iraqi Freedom after September 11, 2001 and before July 1, 2006. It requires the state treasurer to make the payments and reduce payments by any amount paid under federal law enacted after July 1, 2005.

Servicemembers Life Insurance Reimbursement Fund and Military Relief Fund (§§ 2 & 3)

The bill establishes the Service Members’ Life Insurance Reimbursement Fund and the Military Relief Fund as separate, nonlapsing General Fund accounts. They contain (1) state appropriations; (2) any statutorily required deposits; and (3) gifts, grants, donations, or bequests made for the fund’s purposes. Investment earnings credited to the assets of the fund become part of its assets. Any fiscal year-end balance must be carried over to the next year.

The state treasurer administers both funds. The Military Department must use the funds for the bill’s purposes and may keep up to two percent of the money deposited in each fund in any fiscal year for administrative expenses.

Reimbursement Fund. Beginning July 1, 2006, the Military Department must use this fund to reimburse Connecticut-domiciled, armed forces members and reservists on active duty during a time of war for premiums paid for up to $ 100,000 of federal SGLI benefits (see BACKGROUND). It must reduce reimbursements by any amount paid under any federal law enacted on or after the bill’s effective date. The bill does not affect eligibility for, or applicability of, SGLI or any related rights, responsibilities, or benefits. The department must adopt implementing regulations.

Military Relief Fund. The Military Department must use this fund to make grants to immediate relatives of Connecticut-domiciled, armed forces members on active duty, including guardsmen, to pay for essential personal or household goods or services, if paying for them would be a hardship for the relatives because of the member’s service. “Immediate relatives” are an eligible member’s spouse, child, or parent domiciled in Connecticut or other relatives living in his household. The services include repairs, medical services not covered by insurance, transportation, babysitting, clothing, and school supplies, or other goods or services essential to the relatives’ well being.

The department must establish a simple grant application process and process applications within seven days after they are submitted. It cannot make grants that exceed what is in the fund.

The bill allows the department to adopt implementing regulations after evaluating the program in its first six months. The regulations may (1) establish a maximum amount of each grant, each type of grant, or grants to immediate relatives and (2) establish grant approval criteria. The department may implement the policies and procedures contained in the proposed regulations while in the process of adopting the regulations. To do so, it must publish notice of intent to adopt regulations in the Connecticut Law Journal no later than 20 days after implementing the policies and procedures, which are valid when the regulations take effect or one year after the publication of the notice of intention, whichever is sooner.

By July 15, 2005 and by the 15^th day following the close of each calendar quarter thereafter, the department must submit a report to the Veterans’ Affairs Committee for the previous quarter showing (1) the number of applications received, (2) the number of members whose relatives received grants, (3) the amount they got and for what purposes, and (4) any recommendations for the fund. It must not include the names of eligible members or recipients in the reports, and any information it gets with their names and addresses or that could be used to identify them is confidential and exempt from disclosure under the Freedom of Information Act (FOIA).

The bill allows taxpayers filing returns for taxable years starting on or after January 1, 2005 to contribute all or part of their personal income tax or corporation business tax refund to the military relief fund by indicating this on their tax returns.

If the amount of refund due to the taxpayer is at least as large as the contribution, the contribution must be for the full amount designated by the taxpayer. If the actual refund is less than the indicated amount the actual refund must be contributed to the fund. The revenue services (DRS) commissioner must certify to the Office of Policy and Management (OPM) secretary and state treasurer (1) the amount of the refund initially owing to the taxpayer, (2) the amount of any such contribution, and (3) the amount of the difference. For the purposes of any subsequent determination of the taxpayers’ net payment, such contribution must be considered a part of the refund paid to the taxpayer.

The bill allows personal filers who owe $ 5 or more for the taxable year to designate that $ 5 be paid to the fund. Spouses filing jointly, who owe $ 10 or more, each may designate $ 5. Corporate filers may designate $ 200 or, if they owe less than $ 200, the full amount. The designation cannot increase the taxpayer’s tax liability.

Taxpayers may contribute an additional amount to the fund by so indicating on the return. This is in addition to the amount of taxes reported due and must be paid at the same time as the taxes due on the return.

Contributions and designations are irrevocable once the return is filed. Filers must make both in a manner the DRS commissioner prescribes. The commissioner must (1) revise the income tax return forms to include a space for taxpayers to indicate their intent to make a contribution or designation and (2) provide instructions for making the additional contributions and designations described above. He must include a description of the fund’s purposes in the instructions.

The commissioner, after notifying the OPM secretary and with his approval, may keep up to 4% of the amount designated or contributed each fiscal year for administrative costs. . The balance goes into the fund.

The bill requires DOVA to develop and maintain a contact list of armed forces members, including guardsmen, and honorably discharged veterans living in Connecticut. The list must include only their names and mailing addresses. DOVA must compile the list from its own records and information it gets from the Military Department, town assessors, and servicemembers or veterans.

By September 1, 2005, the Military Department must give DOVA a list of the names and mailing addresses, but no other information, of each resident service member in its record. By the 16^th day after a veterans’ property tax exemption takes effect, the town assessor must DOVA the name and mailing address of each individual who has such an exemption. Veterans and service members living in Connecticut may get listed by submitting their names and addresses to DOVA in person or by mail. The former must provide a copy of their military discharge document (DD 214); the latter, their military identification card.

DOVA, the Military Department, and the Veterans’ Affairs Committee may use the list only for notifying listed people of benefits, proposed or enacted legislation that affect them or their families, or other information that the departments or committee believes will help them. DOVA must give a copy of the list to the (1) Military Department upon receipt of a written, signed request from the adjutant general and (2) the committee on receipt of a written, signed request from either chairperson. The bill prohibits disclosure on information in the contact list except as it provides. It is not subject to FOIA disclosure.

The bill requires the Family Program of the National Guard to establish a volunteer service program for armed forces members, including guardsmen, on active duty and residing in Connecticut. The services may include gardening, transportation, babysitting, tutoring, cooking, or other services the recipient finds helpful.

Under the program, a volunteer service coordinator coordinates with towns and local organizations throughout the state to provide volunteer services to the members and their families. Local organizations include nonprofit organizations that serve members, veterans and their families and other organizations that seek to volunteer their services to such people. The volunteer services coordinator must identify and help towns and organizations that provide volunteer services to members and their families in communities throughout the state.

By January 31, 2006, and annually thereafter, the National Guard must report to the Veterans’ Affairs Committee on the services and level of services the volunteers provide in different geographical areas.

The bill prohibits anyone from volunteering any services for which a license, certificate of registration, permit, or other credentials issued by a state agency is required unless such person holds the pertinent credential.

The bill requires the National Guard to publicize to all members of the armed forces, including guardsmen, and their families the availability throughout the state of therapy support groups for them. The publicity must include contact information for referral to support groups in locations that are convenient for them.

The bill requires DOVA to provide a toll-free number for use as a clearinghouse by active members of the armed forces in this state, including guardsmen, and their families to obtain information about benefits or services available to them, and referrals to entities that provide such benefits or services. The number must be “staffed” by trained volunteers or DOVA employees working on weekdays during regular business hours, and on weekends and holidays from 9 a. m. to 5 p. m.

SGLI is a U. S. Department of Veterans’ Affairs (VA) term life insurance plan that provides up to $ 250,000 coverage, in increments of $ 10,000, to servicemen. Coverage of $ 250,000 is automatic, but members may decline it or elect reduced coverage, in writing. Proceeds are payable to beneficiaries on the servicemember’s death.

Servicemembers and the federal government, but not states, share SGLI’s cost. Service members pay the premiums, and the federal government pays the cost of all death claims above the level of death claims that would result from normal peacetime service in the uniformed services.

The premium for full-time coverage for members on active duty and members of the Ready Reserves is $ 16. 25 per month for $ 250,000 coverage and 65 cents per month for $ 10,000 for lesser amounts.

The premium for part-time coverage is $ 16. 25 per year for $ 250,000 insurance and 65 cents per $ 10,000 for lesser amounts. Members of the Individual Ready Reserves pay a $ 1. 00 premium for $ 250,000 insurance for one-day call-ups.

The SGLI program is under the VA’s purview and administered by the Office of Servicemembers Group Life Insurance (38 USC § 1965 et. seq. ).

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*Survivor*	*Amount Payable to Spouse, Guardian, or Dependent Parent*	*Amount Payable for Dependent Child*
Spouse and dependent child or children under age 18	$ 100,000 payable in equal monthly installments over at least 10 years and terminating on spouse’s death or remarriage in the 10-year period	$ 50 per month for each dependent child until the child reaches age 18, payable to the member’s spouse or child’s guardian
A dependent child or children under age 18 and no spouse	$ 100,000 payable in equal monthly installments over at least 10 years to the child’s or children’s guardian until the youngest child reaches age 18 during the 10-year period	$ 50 monthly for each dependent child payable to the guardian until the child reaches age 18
A spouse and no child or dependent children under age 18	$ 50,000 payable in equal monthly installments over at least five years and terminating on the spouse’s death or remarriage during the five-year period	NA
No spouse and no children under age 18 but dependent parents	$ 50,000 payable to the parent(s) in equal monthly installments over at least five years; if one parent dies, the payment continues for the other parent and ends with the death of the last surviving parent in the five-year period	NA