TN 93 (06-04)

Citations:

P.L. 105-78, §606 and P.L. 104-201, §657

A. Background

1. Statutory Authority

Section 606 of Public Law (P.L.) 105-78 provides that payments to certain individuals who were captured and interned by North Vietnam are excluded from income.

2. What Agency Makes the Payments

Such payments are made by the Department of Defense pursuant to section 657 of the National Defense Authorization Act for Fiscal Year 1997 (P.L. 104-201).

3. Who Receives the Payments When the Captured and Interned Individual is Deceased

If the individual who was captured and interned by North Vietnam is deceased, payments may be made to the surviving spouse or, if none, to surviving children (including biological and adopted children) of the decedent, in equal shares.

4. How Much Money Does the Individual Receive

The amount payable for each captured and interned individual is a one-time payment of $40,000. If the individual's confinement or internment exceeded 20 years, the payment may include an additional $2,000 for each full year in excess of 20 (and a proportionate amount for a partial year), not to exceed a one-time payment of $50,000 in total.

B. Policy

1. Payments to a Captured and Interned Individual

Payments made to an individual who was captured and interned by the Democratic Republic of North Vietnam as a result of that person's participation in certain military operations (known as OPLAN 34A or its predecessor, or OPLAN 35) are excluded from income.

2. Payments to a Surviving Spouse or Child

Payments to such an individual's surviving spouse or child of any age are excluded from income.

3. Interest Received on Unspent Payments

Prior to July 1, 2004, interest earned on unspent payments is not excluded from income and resources by this provision. For SSI benefits payable on or after July 1, 2004, interest earned on unspent payments is excluded from income. (See SI 00830.500C.)

C. Procedures

Use documents in the individual's possession to verify the nature of these payments. The award letter will state that the payments are made under section 657 of the National Defense Authorization Act. The award letter will be signed by Carl Witfchonke, Chairman of the Vietnamese Compensation Commission.

If such documents are not available, contact the appropriate Military Finance Center. Send the request via an SSA-562-U3 to the parallel FO. Include the following information on the SSA-562-U3:

• the individual's given name, middle initial, and surname;

• the individual's service identification number (if available);

• the individual's SSN;

• the survivor's (s') name (s); and

• the survivor's (s') SSN(s).

Specify that you need to know whether the individual received a payment under section 657 of the National Defense Authorization Act, the amount of the payment, and the date issued.

A listing of the mailing address for each Military Finance Center is located in SI 00830.240C.2.

D. References

Interest income, SI 00830.500

Exclusion from resources of DOD payments to certain persons captured and interned by North Vietnam, SI 01130.682