President Joe Biden on Jan. 2 signed the Senator Elizabeth Dole 21st Century Veterans Healthcare and Benefits Improvement Act that included the Gerald’s Law Act, named after late veteran Gerald “Jerry” Elliott, who did not receive VA burial benefits after he died Aug. 11, 2019, at his Kingsford home at age 86.

Under current law, the U.S. Department of Veterans Affairs will provide nearly $1,000 for burial and funeral expenses but only if the veteran is at a VA facility at the time of death, according to a news release from U.S. Sen. Gary Peters’ office.

The bipartisan legislation, led by U.S. Rep. Jack Bergman, R-Watersmeet, and Peters, D-Michigan, expands the eligibility of burial benefits to terminally ill veterans who die at a non-VA facility or at home while receiving hospice care, according to the news release.

The idea for the legislation was brought to Bergman and Peters by Denise Formolo, veteran service officer at Dickinson County Veteran Service office, after she learned Elliott’s family had been denied the burial benefits.

Gerald Elliott

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

“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.”

Said Bergman, a Vietnam veteran and retired Marine lieutenant general, “Veterans should not have to choose between a benefit they’re rightfully owed and the dignity of passing away at home. Those who have sacrificed for our nation shouldn’t have to sacrifice their surviving family’s burial benefit for spending their final days in the comfort of their homes. I’m glad to see this commonsense bill has officially become law, ensuring no veteran will ever have to make that difficult choice again.”

Formolo, the veterans service officer in Dickinson County, called it “a great honor” to work with Bergman and Peters to get the change passed into law.

“This is a significant victory for our veterans and their families,” Formolo said. “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 stated.

“We’re all excited, just totally pleased with all the work that’s been done (by Peters’ and Bergman’s staff). It’s amazing,” his widow, Jo Anne Elliott, said on behalf of the family, adding she credits Formolo as well for “getting the ball rolling.”

The Gerald’s Law Act was 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.