Miami-Dade Legislative Item
File Number: 182003
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File Number: 182003 File Type: Resolution Status: Adopted
Version: 0 Reference: R-928-18 Control: Board of County Commissioners
File Name: MILITARY WIDOW'S TAX ELIMINATION ACT Introduced: 8/21/2018
Requester: NONE Cost: Final Action: 9/5/2018
Agenda Date: 9/5/2018 Agenda Item Number: 11A18
Notes: Title: RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT THE MILITARY WIDOW’S TAX ELIMINATION ACT OF 2017, S. 339, H.R. 846 OR SIMILAR LEGISLATION THAT WOULD REPEAL THE MILITARY WIDOW’S TAX FOR SURVIVING SPOUSES OF MILITARY PERSONNEL
Indexes: URGING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Daniella Levine Cava, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 9/5/2018 11A18 Adopted P

County Attorney 8/21/2018 Assigned Suzanne Villano-Charif

Legislative Text


TITLE
RESOLUTION URGING THE UNITED STATES CONGRESS TO ENACT THE MILITARY WIDOW�S TAX ELIMINATION ACT OF 2017, S. 339, H.R. 846 OR SIMILAR LEGISLATION THAT WOULD REPEAL THE MILITARY WIDOW�S TAX FOR SURVIVING SPOUSES OF MILITARY PERSONNEL

BODY
WHEREAS, the United States Department of Defense (�DOD�) offers the Survivor Benefit Plan (�SBP�) as an optional insurance plan to ensure retirement income for surviving spouses and family members of deceased military retirees; and
WHEREAS, the United States Department of Veterans Affairs (�VA�) provides Dependency and Indemnity Compensation (�DIC�), a monthly entitlement benefit, to surviving spouses and unmarried children of service members who died while on active duty, or retirees who died of service-connected deaths; and
WHEREAS, current federal policy prohibits a military spouse from collecting the full annuity benefits from the SBP when the military spouse is also receiving compensation from the DIC; and
WHEREAS, under the Military Widow�s Tax offset, the government subtracts the value of the VA�s DIC from the DOD�s SBP, significantly reducing the compensation for the numerous family members of military personnel who have defended our nation; and
WHEREAS, the United States Congress has considered repeal of the SBP offset for over 12 years; and
WHEREAS, S. 339, a bill entitled the Military Widow�s Tax Elimination Act of 2017, was introduced by the United States Senator Bill Nelson (D-Florida) for consideration during the 115th Congress; and
WHEREAS, H.R. 846, a bill entitled the Military Surviving Spouses Equity Act, was introduced by United States Representative Joe Wilson (R-South Carolina) for consideration during the 115th Congress; and
WHEREAS, S. 339 and H.R. 846 would eliminate the Military Widow�s Tax offset by repealing the dollar for dollar reduction of the SBP from the DIC; and
WHEREAS, on October 3, 2017, this Board approved Resolution No. R-881-17, a resolution urging Congress to enact S. 339, H.R. 846 the Widow�s Tax Elimination Act of 2017, or similar legislation that would repeal the Military Widow�s Tax; and
WHEREAS, Resolution No. R-881-17 also authorized and directed the Office of Intergovernmental Affairs to include the item in the 2017 Federal Legislative Package; and
WHEREAS, this Board supports S. 339, H.R. 846 or similar legislation that would eliminate the Military Widow�s Tax and would like to include this item in the 2018 Federal Legislative Package,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the United States Congress to enact S. 339, H.R. 846 or similar legislation that would repeal the requirement for a reduction of survivor annuities under the survivor benefit plan for surviving spouses of military personnel to offset the receipt of veterans dependency and indemnity compensation known as the Military Widow�s Tax.
Section 2. Directs the Clerk of the Board to transmit a certified copy of this resolution to United States Senator Bill Nelson (D-Florida), United States Representative Joe Wilson (R-South Carolina) and the Chair and Members of the Miami-Dade County Congressional Delegation.
Section 3. Directs the County�s federal lobbyists to advocate for the passage of the legislation set forth in Section 1 above, and authorizes and directs the Office of Intergovernmental Affairs to amend the 2018 Federal Legislative Package to include this item.



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