Senators John Cornyn (Tex.) and Elizabeth Warren (Mass.), along with Representatives John Garamendi (Calif.) and Mark Amodei (Nev.), have introduced the "Respect for Grieving Military Families Act" (H.R.3232, S.1588). This important legislation aims to prevent the Department of Defense from reclaiming the benefits of deceased military retirees while their families are still in mourning.
Many surviving spouses, unaware of the immediate notification requirement to the Defense Finance and Accounting Services (DFAS) upon the retiree's death, are taken by surprise. Those who had joint bank accounts, through which retirement payments were electronically made, had given little or no thought to the possibility of DFAS reclaiming any overpayments from these accounts. Such action could deplete the account of any remaining funds, regardless of whether they were retirement payments or sourced from elsewhere. The bill proposes a gradual repayment over 12 months instead of a one-time withdrawal, also granting the Secretary of Defense the option to forgive the overpayment.