Servicemembers Civil Relief Act The Servicemembers Civil Relief Act (SCRA), formerly known as the Soldiers’ and Sailors’ Civil Relief Act, is a Federal law that gives all uniformed services members some important rights as they enter active duty. The following information is provided to officers of the Commissioned Corps of the U.S. Public Health Service (Corps); Corps officers are covered by the SCRA. Servicemembers Civil Relief Act (SCRA) Title 50 United States Code (USC) Appendix – War and National Defense §§ 501-596 (As amended through 10 October 2008) The purposes of this Act [sections 501 to 596 of this Appendix] are-- (1) to provide for, strengthen, and expedite the national defense through protection extended by this Act [said sections] to Servicemembers of the United States to enable such persons to devote their entire energy to the defense needs of the Nation; and (2) to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of Servicemembers during their military service. For the purpose of this Act, the term “Servicemembers” or “Military” means any member of the uniformed services, as that term is defined in section 101(a)(5) of title 10 USC. Simply put, this includes a person who is on active duty in the Army, Navy, Air Force, Marine Corps, Coast Guard, and officers in the Commissioned Corps of the U.S. Public Health Service (Corps) and the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA). Additionally, depending on the situation or section concerned, dependents may be entitled to some protections or benefits. The SCRA provides a wide range of protections for individuals entering, called to active duty in the uniformed services, or deployed Servicemembers. It is intended to temporarily postpone or suspend certain civil obligations to enable Servicemembers to devote full attention to duty and relieve stress on the family members of those deployed Servicemembers. The SCRA does not apply to criminal proceedings. A few examples of the civil obligations Corps officers may be protected against are: Outstanding credit card debt; Mortgage payments; Pending civil trials (not criminal trials); Taxes; and Terminations of lease. SCRA Frequently Asked Questions It is important to note that your individual situation and set of facts will be different from other Servicemembers’ situations. Therefore, you are urged to seek advice and counsel from a military Legal Assistance Attorney or a member of a service specific Judge Advocate General’s (JAG) Corps to ensure that the SCRA protections apply to your circumstances. The following are some frequently asked questions and answers on certain rights and benefits available under the SCRA. This is by no means a comprehensive review of the entire Act. The Act may be referenced by searching http://uscode.house.gov/search/criteria.shtml Q. When does the SCRA protect me? A. Most SCRA protection begins the day you receive your orders to active duty or deployment and generally terminates within 30 to 90 days after the date of discharge from active duty. As a practical matter, you should be ready and expect to present a copy of those orders to whomever you ask for some right or benefit under the Act. Q. I have heard about 6 percent loans. How do I get them? A. You may be entitled to have the interest rate on some of your loans reduced to 6 percent for the time you are on active duty. There are a number of special requirements. You may need to talk to a military Legal Assistance Attorney or a member of a service specific JAG Corps to ensure you are eligible. You may be eligible if you and your loan meet the following conditions: You took out the loan during a time when you were not on any form of active duty in any branch of the uniformed services. The interest rate is currently above 6 percent per year. Your uniformed service affects your ability to pay the loan at the regular (pre-service) interest rate. Generally this situation occurs when, based on your military service, you make less money while on active duty than you made as a civilian. There are some special legal issues here; you should be ready to talk to your military Legal Assistance Attorney or JAG Corps member about your entire financial situation. You notified the lender and provided a copy of the official orders calling you to active military service and/or further extending your active duty military service. When your active military service is terminated or you are otherwise released from active military service, you must provide a copy of any such termination/release from military service orders within 180 days after the date of your separation from active military service. . Q. What about the lease on my apartment? I live alone and I will not be there. I want to let my apartment go and put my furniture in storage. Can I get out of my lease? A. Generally - yes. If you have a lease for a house, apartment, or even a business location, you may be able to get out of the lease when you come on active duty. Here are the requirements: You originally signed your lease when you were not on any form of active duty or were not in receipt of permanent change of station (PCS) orders or were not in receipt of orders to deploy with a military unit for a period of not less than 90 days. You have received your orders calling you to active duty or have received PCS orders or have received orders deploying you with a military unit for a period of not less than 90 days. You gave written notice to your landlord that you want to terminate your lease and included a copy of the applicable military order(s) at the time you notified your landlord. You may still have to pay rent for a short while. Your landlord can charge you rent for 30 days after the date your next rent is due, after the date you give your written notice. Example: You give notice on 15 December. Your next rent is normally due 1 January. The landlord can make you pay rent until 31 January. The key is to get the written notice and a copy of applicable official orders in the landlord's hands just as soon as possible. Q. I have to go to court on a lawsuit that came up over an auto accident last year. Can I get the lawsuit delayed? A. If you are a party (one of the people suing or being sued) in a civil case (not a criminal case), your commander or supervisor can ask the judge to stay or temporarily delay (for a period of not less than 90 days) the proceedings until you can appear. Generally, the letter from your commander or supervisor will have to state that active duty service is keeping you from going to court; that military leave is not authorized for you at the time the letter is written; and a date should be established in the letter as to when you will be available to appear in court. As there may be unique facts and circumstances in your individual situation, it is recommended that you have your civilian lawyer contact a military Legal Assistance Attorney or JAG Corps member to discuss the best way to proceed in your case. Q. I am self-employed and I have health coverage that is pretty expensive. Can I stop my health coverage? What will happen when I get off of active duty and I try to start it again; will I still be covered? A. As long as you are on active duty, your health care needs are covered by the military's medical facilities or TRICARE (as appropriate). In addition, your family members will become eligible for coverage. You may want to suspend your civilian coverage by sending a written request to the health care carrier. If you do this and you were called to active duty under certain conditions prescribed by the SCRA, your civilian insurance company is required to reinstate your coverage when you leave active duty, as long as the policy was in effect on the day before your active military service commenced and the policy was terminated on a date during the period of your active military service. As long as you have met the requirements of the SCRA, the health care provider will have to write you a policy. Moreover, except in unique circumstances the provider cannot refuse to cover most "pre-existing conditions." You also must remember that there is a time limit – 120 days after termination of your active military service – for you to apply for renewed coverage. You are encouraged to contact an appropriate military Legal Assistance Attorney or JAG Corps member for your specific situation. Q. Will I have to pay state income taxes on my pay while I am on active duty? A. If your home state taxes your active duty pay, you will have to pay those taxes. If you get assigned to another state, you will still legally be a "domiciliary" of your home state, unless you take certain actions that indicate your intention to change your domicile. Such actions include voting in the host state, registering your vehicles in the host state, purchasing property and claiming homestead status in the host state. The state to which the Corps assigns you cannot tax your active-duty pay. If you moonlight, they can tax that pay - just your active duty pay is exempt.   Current Issue Front Page