Would anyone happen to know if the 180 day civilian hiring restriction for retired military personnel in the NDAA is also applicable to people who retire due to a med board?
You are entitled to retired pay and status, you are just waiving the pay in lieu of VA pay, doesn't change your entitlement.So, as a follow-up, I don't think the 180-day civilian hiring restriction applies in my case. To be specific, I am a Staff Sergeant with 11 years of service being medically retired through the med board. I am currently applying for a federal position but the HR office is stating the 180-day civilian hiring restriction applies to me.
The fact sheet I was provided by my case manager states, under Q7 of the attachment:
“The 180 day waiting period also applies to those who have medically retired and are entitled to retired, retirement , or retainer pay.”
While I am being “medically retired” I am not “entitled to retired, retirement, or retainer pay” because I did not make it to the 20 year mark. I only served 11 years in the High-3 retirement program. There is no retirement pay for me to draw from. Since I don’t meet the criteria after the “and” in that statement I don’t believe it would apply to me. I am only entitled to my VA disability. Not VA disability and retirement. I believe this statement is for Active Duty personnel who made it 20 years, became entitled to the retirement, but were also Med-Boarded during the period they became eligible for retirement.
The fact sheet explains where I believe the following exempts me from the requirement: “However, former service members solely receiving disability compensation from the Department of Veterans Affairs (VA) are not considered “retired” for the purposes of DoD Instruction 1402.01, Employment of Retired Members of the Armed Forces. As a result, disability compensation is not considered "retired, retirement or retainer pay", therefore a former service member solely receiving disability compensation is not "retired" within the meaning of 5 U.S.C 3326.”
Am I correct in this line of thinking? Additional input would be greatly appreciated.
Ref: DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 1 * March 2018[selected information]
While I am being “medically retired” I am not “entitled to retired, retirement, or retainer pay” because I did not make it to the 20 year mark. I only served 11 years in the High-3 retirement program. There is no retirement pay for me to draw from. Since I don’t meet the criteria after the “and” in that statement I don’t believe it would apply to me. I am only entitled to my VA disability. Not VA disability and retirement. I believe this statement is for Active Duty personnel who made it 20 years, became entitled to the retirement, but were also Med-Boarded during the period they became eligible for retirement.
I hope you receive a determination that is in your favor.Thanks for the guidance, Ron. Looks like I'm hosed depending on they want to look at it.
I hope you receive a determination that is in your favor.
I became involved in this thread only because of the characterization of “Retired Pay”.
Recommend speaking to the HR department of a DOD element. They would would have the experience and resources to accurately answer your questions.
Good luck,
Ron
The human resource departments of those listed at U.S. Department of Defense agencies - WikipediaWhat would you consider a good DOD element to contact? I contacted an office at The Pentagon regarding this but they said it was up to the HR office and it was on the HR office to forward up their issues with the policy if they had any.
Also, thanks for the input Dani.
I agree.The attached fact sheet is specific to Department of the Air Force (DoD) hiring, and can be extremely misleading if you're taking it as a blanket rule for all Federal positions. They really should add a few caveats to it.
As a retiree, one can still seek and be hired into any other Federal position. The 180 day rule is only for DoD positions.
Here's one to watch. Fingers crossed they can get it all sorted and be fair and equitable with it.
ARTICLE==> Why military retirees may no longer have to wait 180 days to start a job at DoD
BILLNow is actual - so Iwait the six months before getting hire in a federal job?
Sponsor: | Sen. Lankford, James [R-OK] (Introduced 07/15/2019) |
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Committees: | Senate - Armed Services |
Latest Action: | Senate - 07/15/2019 Read twice and referred to the Committee on Armed Services. (All Actions) |
07/15/2019 | Read twice and referred to the Committee on Armed Services. Action By: Senate |