Any updates in reguards to Chapter 61 Vets receiving Concurrent Receipt.

Discussion in 'Physical Disability Compensation' started by christopher.meadows, Dec 14, 2009.

  1. christopher.meadows

    christopher.meadows PEB Forum Regular Member

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    Hello All,

    I was wondering if there has been any update on the issue of Chapter 61 Veterans receiving Concurrent Receipt. The last I had heard was that congress passed a bill with this provision in it, but that it was removed in committee. Does anyone have any updates on this issue?
     
  2. carnelli53

    carnelli53 PEB Forum Veteran

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    Chris,

    CRDP phase-in was scrapped this past go-round. I personally have not heard anything new since it was canned, but others here may have insider information as to if it will implemented next year.
     
  3. Slorcoe

    Slorcoe PEB Forum Veteran

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    Chapter 61 Military Retired and Disability Pay


    Here is what I can find.....




    February 1st, 2010


    Last year, in his budget, President Obama proposed “to expand concurrent receipt of military retired pay and Veterans Disability Compensation to all retirees receiving disability retired pay.” We tracked the progress of the Retired Pay Restoration Act of 2009 closely, and we were disappointed when we found the bill failed, even with overwhelming support, because, from what it boiled down too, the bill did not meet the “PAYGO” rules.
    This year, a similar proposal is in the 2011 budget – but, unlike last year, the verbiage actually states, “The 2011 Budget also includes the additional funding required to expand this program to include military members retired under the disability rules codified in Chapter 61 of Title 10 of the United States Code.”, “Legislative proposal, not subject to PAYGO.”
    Are all the bases covered this time?
    Excerpt from the 2011 budget proposal;
    The 2011 payment to the Military Retirement Fund includes funds for the amortization of the unfunded liability for all retirement benefits earned by military personnel for service prior to 1985. The amortization schedule for the unfunded liability is determined by the Department of Defense Retirement Board of Actuaries. Included in the unfunded liability are the consolidated requirements of the military departments to cover retired officers and enlisted personnel of the Army, Navy, Marine Corps, and Air Force; retainer pay of enlisted personnel of the Fleet Reserve of the Navy and Marine Corps; and survivors’ benefits.
    The 2004 National Defense Authorization Act (P.L. 108–136) created additional benefits for certain retirees who receive disability compensation from the Department of Veterans Affairs and moved the responsibility for payments under the Combat Related Special Compensation program to the Military Retirement Fund.Any additional funding requirements for retirees with service prior to 1985 will be included in this payment. The 2011 Budget also includes the additional funding required to expand this program to include military members retired under the disability rules codified in Chapter 61 of Title 10 of the United States Code.



    And another with plan details

    Budget plan has money for concurrent receipt




    By Rick Maze - Staff writer
    Posted : Wednesday Feb 3, 2010 16:27:14 EST

    A new call by the Obama administration to give full payment of retired and disability pay to all disabled military retirees by Jan. 1, 2015, is very similar to a proposal that was rejected last year, with one major difference:
    This time the White House has put some money behind its plan.
    President Obama’s fiscal 2011 budget request seeks to add $408 million to the military retirement trust fund in order to begin phasing in so-called concurrent receipt benefits in 2011 for severely disabled veterans who spent less than 20 years in the service.
    But because nothing involving concurrent receipt is ever simple, the plan may not satisfy congressional budget rules.
    The $408 million is part of almost $5 billion earmarked in the budget for the military retirement trust fund to pay for future retired pay specifically as a result of concurrent receipt legislation.
    But the House of Representatives has strict rules covering changes in mandatory spending, which require that an increase in one place must be offset by either a cut somewhere else or a revenue increase — a budgeting process known as “pay-go” that has been the nemesis of supporters of allowing disabled retirees to concurrently receive full military retired pay and veterans disability compensation if they are eligible for both.
    “We see the increase in the military retired pay trust fund in the budget. We don’t see any offsets, and that could be a problem,” said a congressional aide who has followed the concurrent receipt issue.
    The first sign of whether the Obama proposal might work will come in April when the House and Senate budget committees prepare a 2011 spending and revenue guide, known as a concurrent budget resolution, which paves the way for allocation of funds to various congressional committees.
    If the budget resolution includes language adopting the concurrent receipt funding, that would be sufficient for the House and Senate services committees to include the Obama plan in the 2011 defense budget.
    A White House statement describing the concurrent receipt initiative does not clearly explain the details. It includes just two sentences: “For the first time, highly disabled veterans who are medically retired from service will be eligible for concurrent receipt of disability benefits from VA in addition to DoD retirement benefits. All medically retired service members will be eligible for concurrent receipt of VA and DOD benefits by 2015.”
    Congressional aides and administration sources said they expect the concurrent receipt plan, which will be included in legislative initiatives provided to Congress by the Defense Department, will be modeled on last year’s proposal that died for the lack of funding.
    That initiative is aimed, at first, at providing retired pay and disability pay without any offsets to retirees who served less than 20 years and are receiving military disability retired pay under Chapter 61, Title 10 of the U.S. Code. Those people are not now eligible for concurrent receipt, although Chapter 61 retirees who served 20 or more years have been covered.
    Here is how the plan would work:
    • Beginning Jan. 1, 2011, concurrent receipt would be provided to all Chapter 61 retirees whose retired pay is based on a disability rating of 90 percent or more.
    • On Jan. 1, 2012, concurrent receipt would be extended to all Chapter 61 retirees with retired pay based on a disability rating of 70 percent or more.
    • On Jan. 1, 2013, concurrent receipt would be extended to all Chapter 61 retirees with retired pay based on ratings of 50 percent or more.
    • On Jan. 1, 2014, concurrent receipt would be extended to Chapter 61 retirees with retired pay based on a rating of 30 percent or more.
    • On Jan. 1, 2015, all disabled veterans drawing both military retired pay and veterans disability benefits would be eligible for concurrent receipt of both payments. This final phase of the plan would, for the first time, provide full concurrent receipt to retirees whose disabilities are not related to combat or combat training and are rated at less than 50 percent.
     
  4. swopedogg

    swopedogg PEB Forum Regular Member

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    Concurrent Receipt is not dead! UPDATE: On January 18, 2011, Congressman Gus Bilirakis (FL-R), introduced H.R.303, the “Retired Pay Restoration Act”, to amend Title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation and to eliminate the phase-in period under current law with respect to such concurrent receipt. If adopted, the combined benefit would be effective January 1, 2012

    This year, a similar proposal is in the 2011 budget – but, unlike last year, the verbiage actually states, “The 2011 Budget also includes the additional funding required to expand this program to include military members retired under the disability rules codified in Chapter 61 of Title 10 of the United States Code.”, “Legislative proposal, not subject to PAYGO.”


    Are all the bases covered this time?
     
  5. Amygal82

    Amygal82 PEB Forum Veteran

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    So which post is correct?
     
  6. nwlivewire

    nwlivewire PEB Forum Veteran

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    The last I checked, Congress passed the NDAA 2012 WITHOUT a correction or update to CRDP for Chapt61 vets without a 20 year letter.

    The NDAA 2012 has been forwarded to the Senate, with Senator Harry Reid (D-NEV) wanting to add corrective changes to the Congressional version they were handed.

    But it takes more than one Senator to get the inclusive language and amendments into the mix. Its takes the majority of the Senate members voting in favor of adding ammendments to fix this. And then reconciling all the changes with the Congress, too.

    So as it stands today, we are still out in the cold.

    But who knows, next year is an election year where we all get to vote. So if it doesn't go through this year, it might next year.
    They tell me Christ is coming, too - but some groups have been waiting for over 2,000 years.

    Hopefully, we won't have to wait that long for this change!

    v/r,
    nwlivewire
     
  7. Kato

    Kato PEB Forum Regular Member

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    Any updates?
     
  8. maparker

    maparker Staff Member PEB Forum Veteran

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    Last year's attempt in Congress failed. Nothing yet on this year.

    Mike
     

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