It’s time Congress ended the injustice of the Widow’s Tax; Guest Column

Members of Congress: We have a problem - a problem you've created. It's time to fix it!

For over four decades, under current law, survivors of service members who die in a military operation or service-connected cause are required to forfeit part or all of an annuity (referred to as the Survivor Benefit Plan or SBP) their service member purchased as a life insurance policy when they were on active duty.

They sacrifice part or all of the annuity because Congress mandated an offset from a Veterans Administration compensation the members are also awarded.

Both payments are "earned" benefits their survivors deserve. In fact, the SBP equates to the only insurance product in the country that you pay into but can legally be prohibited from collecting. Congress or the courts would never tolerate an insurance company withholding death benefits. This is an incomprehensible injustice. It negatively impacts a majority of survivors by approximately $12,000 per year.

This offset is referred to as the Widows' Tax.

Members of Congress have an opportunity to correct this long-term wrong - a wrong that equates to turning their backs on the survivors of military members who have lost their lives in service to country.

The Maryland congressional delegation has an opportunity to take a leadership role in fixing this problem. They would become heroes in the eyes of over 65,000 families - some of whom live here in Annapolis.

Legislation to eliminate the Widows' Tax has been proposed several times but has never made it to a vote in either the House or Senate. This year, repeal of the tax enjoyed the support of 365 House and 75 Senate members.

But when an attempt was made to take the legislation to the Senate floor just a few days ago and include it in the Fiscal Year 2020 National Defense Authorization Act (NDAA), there were some anonymous objections to the bill.

Some senators contended the bill lacked a "pay for." In other words, where was the revenue going to come from that would be lost? Translated: "We screwed up and created this problem, but we really don't want to find a way to correct our mistake."

So now the onus is on getting an amendment to the House version of the NDAA that will be considered later this month. If that effort is successful, proposed legislation to repeal the tax will then be considered in a joint conference of House and Senate members from both parties who will hopefully come to a positive resolution.

Just before the proposed the Senate vote on the NDAA, Senator Doug Jones of Alabama noted the provision to repeal the Widows' Tax. He called it an issue of fairness and justice.

"We have turned our backs for over 40 years on military families. We have turned our backs on the widows of the very men and women who have given their lives to protect this country."

Our Maryland delegation, both House and Senate members, have a leadership opportunity. Even though they support repeal of the Widows' Tax, they can do two things to support passage of legislation to repeal it.

One, our Maryland delegation can encourage the support of their House and Senate colleagues-both Democrat and Republican-to repeal the current law. Our delegation has clout. Many have key positions on important Senate and House committees. With 85% of the entire House on board with repeal, there is an excellent chance to get this issue across the finish line with their help.

Two, since finding a "bill payer" appears to be an issue, the Maryland delegation can take on that challenge as well - especially with the influence and respect they have.

Our Congressional leaders would be well served to remember the words of Abraham Lincoln when he spoke of veterans and their dependents: "To care for him who shall have borne the battle and for his widow, and his orphan."

If Lincoln were alive today, he would be appalled by the Widows' Tax. It's time to end this injustice.

Tom Jurkowsky is a retired U.S. Navy rear admiral and sits on the board of the nonprofit Military Officers Association of America. MOAA advocates for a strong national defense and for service members and their families. He is an adjunct instructor at Anne Arundel Community College and lives in Annapolis.

Credit: Tom Jurkowsky - Tom Jurkowsky is a retired U.S. Navy rear admiral and sits on the board of the nonprofit Military Officers Association of America. MOAA advocates for a strong national defense and for service members and their families. He is an adjunct instructor at Anne