The Defense Finance and Accounting Service (DFAS) is currently working with the Department of Veterans Affairs (VA) to determine those individuals who meet the criteria. We expect that DIC offsets will be stopped for payments that are made around the first of February. You will receive a letter from DFAS if research shows you to be eligible.
Yes, if it is recognized by the state in which the marriage occurred. If entitlement to this benefit is based on a common law marriage, sufficient proof of a valid marriage will be required.
You will automatically be notified if DFAS can determine your eligibility. If on or before April 1, 2010, your
There is no application process since DFAS will determine from existing records whether an individual is eligible. Eligible annuitants will be notified if additional documentation is required.
This benefit becomes effective on the date of remarriage, but not earlier than January 1, 2004, which is the effective date of the entitling legislation.
Yes, taxes will be withheld in an amount equal to 10% of the retroactive benefit, unless the individual submits a new W4P, Withholding Certificate for Pension or Annuity Payments, that requests no withholding from the retroactive amount.
Yes. Any refund of
You may or may not be able to recover the taxes. For each year in which repayment is made, you may claim the amount of the repayment as a miscellaneous itemized deduction if you itemize deductions on your tax return. This deduction will be subject to the 2percent floor of your adjusted gross income. In some circumstances, you may be able to claim a tax credit under section 1341 of the Internal Revenue Code if the amount of repayment exceeds $3,000. It is recommended that you consult with an accountant or a tax advisor.
If I remarried after the age of 57, but before the effective date of the law, will I qualify to receive this benefit?
Yes, provided you made application to the VA to restore Dependency and Indemnity Compensation (DIC) before
If you qualified under the criteria of the previous question, the death of your second spouse will not result in loss of entitlement.
If I remarried after December16, 2003 and after the age of 57, and my second marriage is terminated, will I continue to receive full SBP and DIC?
The entitlement to DIC by reason of remarriage after age 57 is the single criterion for entitlement to