YOU ASKED……

Questions SCARNG Soldiers have asked…and the answers

CIVILIAN EMPLOYMENT INQUIRES

1. While on active duty, how am I going to keep up my training certification for my civilian job in law enforcement requirements? Soldiers need to discuss with their employer what options are available.  Possible options could include: deferment of requirement, on-line courses, and acceptance of training for mobilization, or, a combination of the above.

2. I am a nurse and required by law to have so many hours a year in a hospital nursing facility to keep my license.  What do I need to do if I get deployed and am not working as a nurse in the military to keep my license? Soldier needs to discuss with employer and/or contact the SC Licensing Board to determine options.  Point of contact in South Carolina’s Office of the Adjutant General is LTC Karen Hatfield, Deputy State.

FINANCE / PAY QUESTIONS

3. Will we receive BAH pay if we have a mortgage or lease before we are deployed?  How much? BAH is an allowance to offset the cost of housing when you do not receive government-provided housing. BAH (Basic Allowance for Housing) payments for either married or single Soldiers who have either rental agreements or home mortgages will receive BAH starting the day of mobilization.  BAH is paid from their Home Of Record Zip Code.  If a Soldier is married or is a single Soldier with custody of a dependent child, they will receive BAH at the With Dependent Rate.  For all other Soldiers who provide rental agreements or proof of mortgage they will receive BAH at the With/Out Dependent Rate.  For single Soldiers that do not provide document they will receive BAH Partial, which is only from $6.90 per month to $39.60 per month depending on the Soldiers rank.  BAH is an allowance and is non-taxable (A substantial, but often unseen and overlooked, aspect of military pay is certain built-in tax advantages).  Visit http://www.ngfamilyofone.org/  to see dollar amounts of BAH.

4. Will we receive BAS pay?  BAS is meant to offset costs for a member's meals. All Soldiers will receive BAS (Basic Allowance for Subsistence), which is also non-taxable.  Officers will receive $183.99 per month.  Enlisted Soldiers will receive $267.18 per month. BAS is an allowance and is non-taxable

5. How will taxes be affected?  Being assigned to or working in a combat zone triggers another tax advantage. Earnings received while in the combat zone are excluded from taxable income. This exclusion is unlimited for enlisted members and warrant officers and is limited to $6529.20 per month in 2005, for officers. If you spend a single qualifying day in the combat zone, your pay for the entire month is excluded from taxable income. Bonuses and special pays are also excluded from taxable income if within the previously stated limitations and earned in the same month in which you served in a combat zone. For example, an enlisted reenlistment bonus is excluded from taxes if the member reenlists in the same month in which the member served in a combat zone. Since there is no limitation on amounts excluded for enlisted members, the entire reenlistment bonus would be excluded. Combat zones and the applicable dates are determined by Presidential Executive Order. Currently, members assigned to the Persian Gulf, Red Sea, Gulf of Oman, part of the Arabian Sea that is north of 10o N latitude and west of 68o E longitude, Gulf of Aden, total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, the United Arab Emirates and Afghanistan are in a designated combat zone.

6. Can our pay be split up and the entire amount not put into one account?  How? Payment of Base Pay (taxable) and all other allowances (non-taxable) will be paid on the 15th and 1st of each month unless it falls on the weekend it will be the Friday prior to that day.  The money will be direct deposited to one account only.  No allotments are authorized under the pay system that Soldiers will be under.  Bank Drafts can be created to put the money in other places.  Direct Deposit accounts can be changed online at myPay (the DFAS online system); or the Soldier can complete a new SF 1199 to change financial institutions or banks. 

7. Will I receive a letter for my financial institution to adjust monthly payments?  Such a personal letter would come from the Soldier writing his/her own letter.  Best plan is to communicate with your lender first to find out what is required.  Typically, financial institutions want to see federal orders.   A word of caution:  Lots of interest rates are now less than 6%.  You don't need to send anything if your interest rate is already, say, 5.25%.

TRICARE / MEDICAL

8. How long before TRICARE goes into effect for my family and myself?  Under Section 703 of the National Defense Authorization Act and the Emergency Supplemental Appropriations Act for Fiscal Year 2004, some members of the National Guard and Reserve (collectively known as the Reserve Component, or RC), who are issued delayed-effective-date active duty orders for more than 30 days in support of a contingency operation, are now eligible for early TRICARE medical and dental benefits beginning on the later date of either: (a) the date their orders were issued or (b) 90 days before the member reported to active duty.  Please visit the TRICARE section at http://www.ngfamilyofone.org/ .

9. Will there be any gap in coverage between the TRICARE and my civilian insurance?

Usually no, provided you do not terminate your civilian health insurance.

STRONGLY recommend:  Soldiers maintain their civilian insurance until 30 days after mobilization to ensure they/families are covered.

10. My wife has insurance through her employer.  Will TRICARE be substituted in its place?  This is covered under Other Health Insurance.  TRICARE would become a secondary or supplemental insurance.  This means all claims would be filed through your wife’s employer’s plan first, then TRICARE.  Your wife CAN continue to use both insurance policies. 

11. How old do children have to be to get an ID card? Typically children need to be 10 years old.  The exception to this rule is any age if youth live with a custodial parent/guardian who does not have benefits, (i.e. grandparent, divorced spouse, etc.).

12. How would my spouse file an insurance claim when I’m deployed on active duty?  The answer to this question would depend on which TRICARE plan he/she is participating in.  If he/she is in TRICARE Prime, Prime Remote, or Extra the claims will be filed for them. (Unless they have used the Point of Service Option) If he/she is in Standard, and their doctor chooses not to file for them they can go to the Humana web site www.humana-military.com, click on beneficiary resources, then down load the claim form.  They can then fill it out with the form and send it in with an itemized bill.

13. When does TRICARE actually start?  TRICARE will start on different dates for different people.  Each Soldier can go to the Guard/Reserve portal at http://www.ngfamilyofone.org/ (click on Guard / Reserve Portal) and see when their early TRICARE benefit starts.  The benefit starts when you are eligible in DEERS. 

14. What exactly is DEERS? DEERS stands for Defense Enrollment Eligibility Reporting System.  This system records Guard members’ and their eligible family members’ eligibility for Department of Defense (DOD) benefits and enrollment in TRICARE Prime.

15. I have stepchildren who live in my home and are dependent upon me.  Are they eligible for DEERS enrollment and benefits the same as my biological children?  Yes.  You will need to bring documentation to either the SRP (Soldier Readiness Program) or the DEERS rapids site.  Marriage certificate, birth certificate(s), and social security cards.  You can locate the closest DEERS rapids site to you by going to:  http://www.ngfamilyofone.org/ and clicking on Rapids Site Locator (under TRICARE section of web site).

16. If a spouse and/or child are on Medicaid and you get activated, is the Medicaid still in effect, or what happens at that point?

In SC, you can continue to carry Medicaid with TRICARE.  Unlike with other insurances, TRICARE will be the primary insurance policy.  Medicaid will be billed second, after TRICARE is billed.  Medicaid must be notified when you become eligible for TRICARE (when you have orders).  This can be done by calling 1-888-549-0820.  You must also notify TRICARE of having a Medicaid policy.

17. How much will health insurance cost?  Is the cost based on rank?  This is a broad question; based on which TRICARE program you select, or are eligible for. There may or may not be a cost.  There is no cost if you are on active duty and your family is enrolled into TRICARE Prime. If your family elects to remain in TRICARE Standard, there is an 80%-20% cost share, and there may or may not be a deductible.  If this question is referring to the new program being offered called TRICARE Reserve Select (TRS), it is a rank based monthly premium based program.  TRS is offered for purchase to certain National Guard and Reserve members (also referred to as Reserve Component members) who have been activated in support of a contingency operation since September 11, 2001 and who meet certain eligibility conditions.  It can be used to extend the member’s health care benefits beyond the standard Transitional Assistance Management Program (TAMP) benefits. Soldiers can get more information and check their eligibility for this program at: http://www.ngfamilyofone.org/ (click on Guard / Reserve Portal) .

18. Does my wife need a new ID card if my rank and grade have changed?  She does not.

19. My dependents are not in DEERS.  Should I put them in there NOW, or wait until MOB date, (will they have to do it again anyway)? This is a hard question.  Your unit should always have a copy in your 201 file of the required information. When you SRP, you will need to put all the information in.  If you leave and you have not gotten a family member in DEERS it can be done, but it is more difficult for them.

20. Is there any advantage to being in DEERS before orders?  It is always a good idea to keep your information up to date with your unit.  Your benefits will not start until you become eligible in DEERS.  This will not happen until you have orders activating you.

21. I currently am supposed to be having a baby on August 31, which to my knowledge is a little bit after the departure.  I would like to know what kind of health benefits my baby will have, and what sort of pay increase will I have to help pay for the new baby.  The new baby will be covered under TRICARE Prime/Prime Remote for Active Duty Family Member for up to 60 days after the date of birth and/or adoption as long as one other person in the family is enrolled in Prime/Prime Remote.

Within this 60 day window you should:  

Register your newborn or newly adopted child in DEERS, through the unit personnel office or the nearest Uniformed Services ID card Facility.

  1. Enroll him or her in TRICARE Prime or Prime Remote if you wish to continue the Prime benefit, with its enhanced preventive services and reduced costs.

If you don’t enroll your newborn by day 60, on day 61 Prime and Prime Remote benefits end and future claims will process TRICARE Standard (higher costs).

Regarding your question about pay, the number of dependents (over one) has no effect on pay.  Married Soldiers are paid With Dependents BAH to maintain housing for their dependents, no matter how many dependent are.  BAH is determined by the Soldier’s grade, and the location (zip code) of his/her residence at the time of mobilization.

JAG QUESTIONS / LEGAL

22. When does the Soldier Sailor Relief Act begin? The SCRA covers all Active Duty service members, Reservists and the members of the National Guard while on active duty. The protection begins on the date of entering active duty and generally terminates within 30 to 90 days after the date of discharge from active duty.

On 19 DEC 03, the Soldiers and Sailors Civil Relief Act was completely re-written, and re-named the Service members Civil Relief Act (SCRA). The new Service members Civil Relief Act signed into law by President Bush, covers all service members on their entry into military service.  For more information, visit http://www.jagcnet.army.mil/legal

23. Can the interest on our loans be reduced?  The Service Members Civil Relief Act goes into effect on the date of mobilization; you may be entitled to have the interest rate on some of your loans reduced to 6% for the time you are on active duty.  Among the types of loans and obligations subject to the 6% interest cap are credit card debt, mortgage loans, and personal loans. Unfortunately, federally guaranteed student loans are not covered by the SCRA 6% interest cap.

There are a number of special requirements. You may be eligible if you and your loan meet the following conditions:  a) You took out the loan during a time when you were not on any form of active duty in any branch of the military. b) The interest rate is currently above 6% per year. c) Your military service affects your ability to pay the loan at the regular (pre-service) interest rate. Generally this requirement means that you make less money in the military than you made as a civilian. d) You notified the lender in writing and enclosed a copy of your orders. (It is suggest you send the notice by certified mail.)

24. Can my spouse get a will through military channels?  Soldiers received an opportunity to have a will or Power of Attorney completed at SRP.  If more services are needed, several civilian attorneys have kindly agreed to provide Soldiers and families deployment legal services at no charge to Soldiers/families.  If Soldiers and/or families need attorney services, they need only phone one of the attorneys listed below and make an appointment.  It is important callers identify themselves as “with the National Guard.”


ATTORNEYS

In Anderson

Mr. Chuck Allen

Attorney at Law

1209 North Main Street

Anderson, SC    29621

864-226-6184

Ms. Robin Cromer

Law office of Cromer and Chipman

1305 N. Boulevard

Anderson, SC  29621

864-231-6868

Mr. Joey Wright

Wright Law Offices

1501 N. Fant Street,

Anderson, SC 29621

864-225-6228

In Belton

Mr. Bill Thomson

Law office of William R. Thomson

121 O’Neal Street

Belton, SC  29627

864-338-7168

In Easley

Mr. Dan Hunt

Law office of Daniel E. Hunt, P.A.

401 E. 1st Avenue

Suite A

Easley, SC  29640

864-859-7127

In Columbia

Mr. Thomas J. LeClair

Attorney at Law

Burnette & LeClair, P.A.

2322 Devine Street

Columbia, SC  29205

803-251-0202

In Greenville

William J. Barnes

Attorney At Law

403 Pettigru Street

Greenville, SC  29601

864-242-6663

In Pickens

Mr. Redmond Coyle

Law office of J. Redmond Cole and Paul Aaron

303 E Main Street

Pickens, SC  29671

864-878-3514

In Piedmont

Beth Harbin

Olson Smith Jordan & Cox, P.A.

107 North Fairplay St.

Seneca, SC  29678

864-269-7373

In Seneca

Mr. James Williams

Law offices of Derrick Ritter & Williams

107 North Fairplay St.

Seneca, SC  29678

864-882-2747