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Servicemembers’ Civil Relief Act

This law, a revision of the Soldier’s and Sailor’s Civil Relief Act, allows service members to suspend or postpone certain obligations so they may devote their full attention to military duties.

The act applies in all states, the District of Columbia and all U.S. territories. Reservists are protected from the date they receive orders to report to active duty until 30 to 90 days after the date of discharge from active duty.

The law specifies provisions, such as:

• A 6 percent interest rate cap on pre-service loans and loan forgiveness for interest in excess of 6 percent.

• Eviction protection and a formula to calculate rent ceilings.

• Extensions on termination of rental property and automobile leases.

• Protection from higher tax brackets by preventing states from factoring a service member’s income into that of a non-military spouse working in the state.

If you think you qualify for protection under the SCRA, contact a military legal assistance office.

The Veterans Benefits Act of 2002 provides SCRA protection to National Guard members called to state active duty if:

• The duty is due to a federal emergency.

• The request for active duty is made by the president or secretary of defense.

• The duty requires activation for more than 30 days. For example, the law affected National Guard members activated by the states at the request of President Bush to provide security for airports after the Sept. 11, 2001, terrorist attacks.

Contact: For more information, see the U.S. Armed Forces Legal Assistance Web site at http://legalassistance. law.af.mil; click on “Legal Assistance Topics” and then “Servicemembers’ Civil Relief Act (SCRA).”