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unmarried children, and dependent parents of those
who die as a result of military service. Payments are
as follows:
Compensation for the spouse is paid in
monthly rates based on the service member’s
paygrade.
Payments to the spouse of a deceased
member may be increased if the spouse is a patient in
a nursing home or requires the regular aid and
attendance of another person. Remarriage makes a
spouse ineligible, but the spouse may reapply for
these benefits if the new marriage terminates.
Compensation for children under 18 depends
on the presence and eligibility of their surviving
parent. If there is an eligible spouse, as indicated
above, an additional payment for each child under 18
is authorized. If there is no remaining eligible spouse
because of death, divorce from the service member,
or remarriage after the service member’s death, the
compensation for children under 18 is paid at varying
rates. All of these payments are in addition to the
benefits for which children under the age of 18 may
be eligible under Social Security.
Payment of
compensation for support of a child normally stops
when
the
child
becomes
18.
Refer
to
NAVMILPERSCOMINST 1750.2 for specific
entitlement.
Compensation for children over 18 may be
paid when a child is incapable of self-support by
reason of physical or mental disability or until age 23
if a child is attending school and is not receiving War
Orphans’ Assistance.
Entitlement in this category
varies in accordance with the condition of the child
and the status of the widow/widower.
Compensation for a dependent parent or
parents is provided on a sliding scale according to
other income.
BURIAL RIGHTS
The government provides reasonable allowances
for burial of deceased service members. The local
chaplain usually helps survivors make arrangements
of this kind.
TRANSPORTATION OF DEPENDENTS
In the event of the death of a service member,
transportation is furnished for dependents at
government expense upon application by the senior
dependent. Dependents may receive transportation
from their place of residence when first officially
notified of the member’s death to the place they wish
to make their home, subject to certain regulations.
TRANSPORTATION OF PERSONAL
PROPERTY
The dependents of a deceased service member are
entitled to movement of household goods from their
place of residence at the time of the member’s death,
or within 1 year, to the place they wish to make their
home.
SOCIAL SECURITY BENEFITS
On 1 January 1957 members of the armed forces
became eligible for benefits provided by the Old Age
and Survivor Insurance (OASI) Program of the Social
Security system on a permanent, contributory basis.
This contribution will increase over time based on
applicable legislation.
The amount of Social Security benefits paid to
survivors depends on the “average monthly wage”
earned by the service member. However, the Survivor
Benefit Plan payments to survivors of retired military
personnel are reduced in some instances by the
amount of Social Security received as a result of the
deceased member’s military service.
SURVIVOR BENEFIT PLAN
Public Law 92-425 established the Survivor
Benefit Plan within the Uniformed Services
Retirement System.
The Survivor Benefit Plan
complements the survivor benefits of Social Security
for military personnel in retirement.
The plan
provides all retired members of the uniformed
services, including Reservists who qualify for retired
pay at age 60, an opportunity to leave a portion of
their retired pay to survivors at a reasonable cost. All
active-duty personnel who reach the point of
retirement eligibility are covered by the plan without
cost for as long as they remain on active duty.
NAVMILPERSCOMINST 1750.2 contains details of
this program.
LEGAL ASSISTANCE
From time to time everyone has problems that
require the advice of a lawyer. Since 1943 the Navy
has operated a legal assistance program under the
supervision of the Judge Advocate General. Through
this program all service personnel and their
dependents are able to seek free legal advice from
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