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Improved Legal Protection for ServicemembersBy Charles C. KellerThe new ServiceMembers Civil Relief Act (SCRA) became law on December 19, 2003. It substantially amends the 1940 Soldiers and Sailors Civil Relief Act (SSCRA) which so well served military personnel by providing protection from various events with negative legal effect. Among the general provisions, the relief is extended to National Guard members who serve more than 30 consecutive days in response to a national emergency. The right to request a stay of proceedings for court actions is extended to administrative agencies. The servicemember may now look for representation to a lawyer or an agent under a power of attorney. Reduction of loan interest to 6% on pre-service loans is still available on request and reduction is usually actual and not simply a deferral. Protection from eviction by a landlord for the servicemember (or family) applies up to a monthly rent ceiling of $2,465 in 2004. This ceiling will be computed each year. A servicemember can cancel a pre-service lease or post-service lease after a permanent change of station or deployment of 90 days or more. Auto leases may be cancelled in some cases. Life insurance premiums may be deferred under a govemment guarantee, for as much as two years post-service, up to as much as $250,000 of coverage. Military pay for a non-resident servicemember has never been taxable by the state but under SCRA, it cannot be computed as an add-on to a spouse's income for state income tax purposes. Other provisions deal with default judgments, tolling of the statutes of limitation, mortgage foreclosures, residency for voting, and reinstatement of health insurance. These changes constitute long overdue adjustments to civil law relief for servicemembers. With the prospect of continued mobilizations and deployments, SCRA will increasingly be relied on by servicemembers. Likewise, lessors, lenders, judges and lawyers must learn to live and work with these new provisions to protect servicemembers from adverse effects of civil law during military service. |
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