Arkansas Department of Education Exclusion of Military Combat Pay and Deployment Extension Incentive Pay (DEIP) for Free and Reduced Price Meal Eligibility for School Meals

Memo Information

Memo Number
FIN-11-029
Memo Date
9/27/2010
Memo Type
Regulatory
Section
Fiscal & Administrative Services
Regulatory Authority
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (P.L. 111-80; October 21, 2009)
Response Required
NO
Attention
Superintendents; Principals, Child Nutrition Directors, Determining Officials, Verifying Officials

Contact Information

Memo Text

This memo is a revision of Commissioner’s Memo FIN-10-057 Exclusion of Military Combat pay based on revised guidance from the U.S. Department of Agriculture (USDA) issued on September 16 (SP 06-2010). Please attach this memo to the current "2010 Eligibility Guidance Manual" that can be downloaded from the ADE Child Nutrition Unit Website at http://www.arkansaschildnutrition.org/Files/eligibility/EligibilityManualRevised2010.pdf. COMBAT PAY The exclusion of combat pay is authorized by the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (P.L. 111-80; October 21, 2009). This memorandum provides guidance to State and local agencies regarding military combat pay received by service members during a deployment. As set forth in the statute, combat pay is defined as an additional payment made under Chapter 5 of Title 37 of the United States Code, or as otherwise designated by the Secretary to be excluded, that is received by the household member who is deployed to a designated combat zone. Combat pay is excluded if it is: •       Received in addition to the service member’s basic pay; •       Received as a result of the service member’s deployment to or service in an area that has been designated as a combat zone; and •       Not received by the service member prior to his/her deployment to or service in the designated combat zone. A combat zone is any area that the President of the United States designates by Executive Order as an area in which the U.S. Armed Forces are engaging or have engaged in combat. As with other types of income commonly received by military personnel (such as the basic sllowance for housing or basic allowance for subsistence payments), combat pay received by service members is normally reflected in the entitlements column of the military Leave and Earning Statement . Information regarding deployment to or service in a combat zone may also be available through military orders or public records on deployment of military units. DEPLOYMENT EXTENSION INCENTIVE PAY The exclusion of combat pay, as described in P.L. 111-80, is extended to Deployment Extension Incentive Pay, which is given to active-duty service members who agree to extend their military service by completing deployment with their units without re-enlisting. This exemption applies only until the service members return to their home stations. Any additional Deployment Extension Incentive Pay payments provided to service members serving at their home stations is considered income as they are no longer considered deployed.  OTHER INCOME AND HOUSEHOLD SIZE The U.S. Department of Agriculture will continue to count only that portion of the deployed service member’s income made available by them or on their behalf to the household as income. This is a continuation of the policy established through the March 12, 2003, memorandum, Policy Exception – Family Size and Income Determinations in the Child Nutrition Programs for Certain Military Families. Deployed service members continue to be considered members of the household for purposes of determining income eligibility for the Child Nutrition Programs.

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