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Biden signs Gerald’s Law Act on burial benefits for US veterans

Gerald R. “Jerry” Elliott

WASHINGTON, D.C. — Legislation to expand veterans’ burial benefits that was inspired by a Kingsford man’s case has become federal law.

President Joe Biden on Jan. 2 signed the Gerald’s Law Act, named after late veteran Gerald “Jerry” Elliott of Kingsford, who did not receive VA burial benefits after he died Aug. 11, 2019, at his home at age 86.

The bipartisan legislation, led by U.S. Sen. Gary Peters, D-Michigan, expands the eligibility of Department of Veterans Affairs burial benefits to terminally ill veterans who die at a non-VA facility or at home while receiving hospice care, according to a news release Wednesday from Peters’ office.

Peters introduced the Gerald’s Law Act with U.S. Sen. John Boozman, R-Arkansas, and bipartisan companion legislation was introduced in the House by U.S. Rep. Jack Bergman, R-Watersmeet, and U.S. Rep. Colin Allred, D-Texas.

The Gerald’s Law Act was passed into law as part of the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act.

“Gerald Elliott is one of far too many veterans whose families were denied VA burial benefits because they chose to receive hospice care at their home instead of a VA facility,” said Peters, a member of the Armed Services Committee and former lieutenant commander in the U.S. Navy Reserve. “As Americans, we have a sacred responsibility to ensure that veterans and their families have the support they need, especially during hard times like the passing of a loved one. This law honors those who have served and sacrificed for our country in uniform, and helps make sure all veterans can be laid to rest with dignity and respect.”

Under current law, the VA will cover nearly $1,000 toward burial and funeral expenses if the veteran is hospitalized at the VA at the time of death, according to Peters’ office.

This legislation updates department’s policy and ensure that veterans aren’t penalized for spending their last days in the comfort of their homes or other settings, the news release states.

Denise Formolo, veterans service officer at Dickinson County Veterans Affairs office, raised this issue with Peters’ office and shared the Elliott family’s story that inspired the legislation.

“It has been a great honor to collaborate with Senator Peters and Congressman Bergman in passing ‘Gerald’s Law’ as part of the Senator Elizabeth Dole 21st Century Veterans Improvement Act,” Formolo said. “This is a significant victory for our veterans and their families. Veterans now have the option to spend their final days at home, surrounded by their loved ones, without the concern of losing burial benefits for their families.”

Elliott worked for Wisconsin Electric for more than 37 years as a line crew foreman before retiring in 1994. He was a member of American Martyrs Catholic Church in Kingsford, the Elks and Lions Clubs, the Knights of Columbus and American Legion Post 363, where he served as a post commander, according to his 2019 obituary.

He volunteered at the Oscar G. Johnson VA Medical Center in Iron Mountain, was instrumental in bringing the Vietnam Traveling Memorial Wall to Kingsford and was involved with Northwoods AirLifeLine, the obituary states.

“Jerry considered it an honor to volunteer at the Oscar Johnson VA, Iron Mountain, Michigan, and as a member through the American Legion Post 363, Kingsford, Michigan, for many years,” his wife, JoAnne Elliott, said when the legislation was introduced. “The Elliott family appreciates his recognition on the bill, which will enhance benefits to our cherished veterans.”

The Gerald’s Law Act was also supported by the Veterans of Foreign Wars, American Legion, Disabled American Veterans, National Association of Veteran Service Organizations, AMVETS, Paralyzed Veterans of America, With Honor, Tragedy Assistance Program for Survivors, Gold Star Wives and The Independence Fund.

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