Who is Considered an “Eligible Survivor” for the Death Gratuity?
In this article we will detail the qualifications to be classified as an “Eligible Survivor” for the Death Gratuity. In addition we will list the payment hierarchy for the amount of the death gratuity not covered by a designation.
The Office of the Under Secretary of Defense for Personnel and Readiness (OSD Military Compensation) has provided the following information. A service member may designate any person or persons. The designee may to receive up to 100% of the Service Death Gratuity (in 10% increments). Any remaining undesignated amount payable will be according to a new prescribed hierarchy.
The death gratuity was payable according to a specific hierarchy in the past (prior to 2008). Prescribed by law. Members had limited opportunity to designate a beneficiary.
The New Beneficiary Hierarchy
Presently, the VA pays a new beneficiary hierarchy for the amount of the death gratuity not covered by a designation:
- The death gratuity goes to the surviving spouse of the person, if any. If a person has a spouse, but designates a person other than the spouse to receive all or or a portion of the amount payable, the Secretary of the Military Department shall provide notice of the designation to the spouse.
- In case of no surviving spouse, to any surviving children of the person and the descendants of any deceased children by representation.
- If there is none of the above, to the surviving parents of the person or the survivor of them. Additionally if Parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case. And preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered military service.
- Payment goes to the duly appointed executor or administrator of the estate of the person. Also if there is none of the above.
- The payment would go to other next of kin of the person entitled under the laws of domicile of the person at the time of the person’s death. Additionally if there is none of the above.
A person entitled to all or a portion of a death gratuity may die before they receive the death gratuity. The gratuity will be paid to the living survivor next in the order prescribed in the above list. If such is the case.
Change in Designation of Eligible Survivors
Members may designate eligible survivors, at any time by updating their DD Form 93, Record of Emergency Data.
This article is for educational and marketing purposes only. Consequently it does not create an attorney-client relationship. So call the Law Office of Peter S.Cameron at 800-861-7262 for TSGLI claim assistance. Because, we are here to help you get the benefits you deserve.