[Congressional Record Volume 167, Number 57 (Friday, March 26, 2021)]
[Extensions of Remarks]
[Page E310]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 MILITARY RETIREE SURVIVOR COMFORT ACT

                                 ______
                                 

                          HON. JOHN GARAMENDI

                             of california

                    in the house of representatives

                         Friday, March 26, 2021

  Mr. GARAMENDI. Madam Speaker, today I reintroduce the ``Military 
Retiree Survivor Comfort Act,'' with Congressman Mike Turner (R-OH) as 
the original cosponsor.
  The late Congressman Walter B. Jones, Jr. (R-NC), my dear friend and 
our beloved colleague, sponsored the ``Military Retiree Survivor 
Comfort Act'' every Congress since 2002. I am honored to continue his 
work on this critical, bipartisan legislation to protect military 
families from completely avoidable bank overdrafts following a 
veteran's death.
  Specifically, the ``Military Retiree Survivor Comfort Act'' would 
allow the spouse or other designated survivor/beneficiary of a veteran 
to retain the full retirement benefit paid out in the final month just 
before or coinciding with the veteran's death. Under current Department 
of Defense policy, that final month's retirement benefit may be clawed 
back on a prorated basis if the family fails to immediately notify the 
Defense Finance and Accounting Services (DFAS) of their veteran's 
death.
  Military families with joint bank accounts, into which retirement 
payments are deposited electronically, are often unaware that DFAS can 
claw back overpayments without the accountholder's consent. This 
results in joint bank accounts being drained of funds, subjecting 
veterans' families to overdraft fees and avoidable financial hardship 
following a veteran's death.
  The ``Military Retiree Survivor Comfort Act'' would finally end this 
needless and callous DFAS practice for any retirement benefit received 
in the month for which a veteran was alive for at least 24 hours. 
Military families grieving the loss of their loved one should not be 
penalized for an accounting oversight by the Department of Defense.
  As chairman of the House Armed Services Subcommittee on Readiness, I 
plan to make the ``Military Retiree Survivor Comfort Act'' a major 
priority during this year's National Defense Authorization Act (NDAA).
  Madam Speaker, I urge all Members to join me and Congressman Turner 
(R-OH) in cosponsoring this bipartisan and commonsense bill.

                          ____________________