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Washington Report
June 2005
ICFA testifies on burial benefits
by ICFA General Counsel Robert M. Fells, Esq.
In the aftermath of 9/11 and the war on terrorism, members of Congress have given increased consideration to enhancing veterans' benefits, including burial benefits. The U.S. House of Representatives Veterans Affairs Subcommittee on Memorial Affairs held what was called "the first full-scale hearing"on burial benefits in many years on April 20 and invited the ICFA totestify. The association was represented by Paul Elvig, vice president of products and services, and chair of the Subcommittee on Federal Affairs, whom I accompanied.
The ICFA testimony offered two proposals concerning the National Cemetery Administration and the extension of burial benefits to private, religious and municipal cemeteries. First, the ICFA recommended that Congress establish an endowment care trust to meet the maintenance needs of national cemeteries, similar to the concept used in private cemeteries, to help avoid the funding shortfalls that seem to afflict the system. In recent years, national cemeteries have not received sufficient appropriations in the budget process to keep up on all maintenance needs of the 120-cemetery system.
"Similar to the challenges faced by the private sector cemeteries, we can confirm that the necessary ongoing maintenance expenses to preserve our nation's veterans cemeteries as shrines will only increase in future years," Elvig said. "Due to this fact, we are concerned that obtaining the necessary funding for these expenses, through the annual Congressional appropriations process, forces the NCA to compete with priorities in other departments and continually subjects the NCA to the uncertainties of obtaining adequate maintenance funding each year."
"The ICFA respectfully suggests the consideration of adapting the endowment care trust concept to supplement NCA annual appropriations. By this method, a certain amount would be irrevocably deposited into trust, the income from which would be applied to some of the maintenance needs of the national cemeteries. Since the principal would never be spent or withdrawn, a relatively steady source of income would always be available to serve the obligations of the NCA."
Second, the ICFA strongly urged Congress to restore the plot and marker cash allowances that were available to all honorably discharged wartime veterans for use in private cemeteries until Congress curtailed the benefits in 1990. The $150 plot allowance (recently increased to $300) is currently available onlyto a limited number of veterans who receive VA disability or compensation or die of service-connected injuries. The marker cash allowance was completely abolished by Congress in 1990.
Elvig stated his belief that the withdrawal of these two burial benefits was a form of cruelty tothe veterans who had earned them. He noted that the plot allowance benefited "the many veterans and their families who preferred interment in non-governmental cemeteries for personal or religious reasons. Typically, family members may already have been interred in a private cemetery and for that reason the veteran or his/her next of kin wished burial at this site. The plot allowance facilitated this choice and provided a burial benefit to veterans who chose not to opt for burial in a national cemetery. Cost-wise, the plot allowance also discharged the government's obligation to veterans who wished burialin a private or religious cemetery througha cost-effective means that did not entailthe obligation to maintain the gravesite in perpetuity."
With regard to the marker allowance, Elvig said, "This benefit likewise addressed the wishes of veterans who preferred interment in private and religious cemeteries by paying them the cash equivalent of the wholesale cost of a government-provided marker. Similar to the plot allowance, the marker allowance was a cost-effective way to provide burial benefits without entailing the long-term costs of maintenance obligations for these benefits".
"The ICFA believes that elimination of the plot and marker allowances as applied to burial in private and religious cemeteries may have led to a forced reliance on national cemeteries by veterans and their families who, given the choice, would have opted for private interment with the modest assistance of these allowances. In the subcommittee's review of burial benefits, we respectfully urge you to consider reinstating these two benefits that served our veterans so well for many years."
In response to the ICFA testimony, the subcommittee's ranking minority member, Rep. Shelley Berkley (D-NV), agreed that curtailment of the two allowances was cruel and "totally unacceptable." She stated her intention to introduce legislation to restore both cash allowances. Subcommittee Chair Jeff Miller (R-FL), said that he would support such legislation, thus making the proposal bipartisan. Also, Berkley commented that the ICFA's recommendation to establish a national cemetery maintenance trust fund "is a very sensible idea, which is why it won't get through Congress this year."
Other hearing witnesses were from the VA, two veterans organizations, and the National Funeral Directors Association. The hearing was audio broadcast worldwide on the Internet and will be archived on the House VA Committee Web page. The ICFA is following up with both Reps. Berkley and Miller regarding the introduction of cash allowance legislation.
The ICFA/ICA testimony may be viewed at: www.icfa.org/pdf/april20_testimony.doc.
Copyright ICFA 2005
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