I received an AGR Disability retirement (Chpt 61) wth over 15 years active and 21 with the Guard. I began receiving CRDP at age 60 and my pay is calculated from the first day after leaving service. Is this the correct date for calculation or should it be the pay rate at age 60? Please reference the rules on this.
AGR disability retirement
- Thread starter oshark2
- Start date
Wow
Thanks Ron, but I don't think I was given a choice. Because of my years of service I am under Final Pay. Do I have a choice?
Ron, I was immediately eligible for retired pay because of disability but had to waiver the military pay for VA which was higher. I couldn't draw CRDP until age 60 because I only had 15 years active duty but 21 guard. Does that affect the effective date for establishing pay table year. Is there a rule on that? Thank you.
FINAL PAY PLAN WHICH IS OFTEN BETTER THAN HIGH 36 average.
Primary retirement plan for Reserve members with initial date of entry into service prior to September 8, 1980
Ron
You mentioned you would like to have the rules pertaining to the computation of your retired pay
The laws are summarized at:
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_03.pdf <—-LINK
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3
* September 2022
3-1
VOLUME 7B, CHAPTER 3: “GROSS PAY COMPUTATION”
Ron
The laws are summarized at:
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_03.pdf <—-LINK
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3
* September 2022
3-1
VOLUME 7B, CHAPTER 3: “GROSS PAY COMPUTATION”
Ron
Thank you
Ron, reading the regulation is leaving me more confused. I still can't figure out where my situation applies as to actual date for pay computation. Is it when I was active duty disability retired or when I turned 60 and began receiving CRDP pay?
So this is something I am currently in as a TR, and I've had discussions here but I think there is a misunderstanding. If you're a Reservist with less than 20 but over 15, a very narrow window, you end up with the final pay plan (the DoD calculator confirms this)
If you have 21 good years with the guard and chapter 61, you'll be high 36 but you're eligible for that now. CRDP should apply because you're over 20.
If you have 21 good years with the guard and chapter 61, you'll be high 36 but you're eligible for that now. CRDP should apply because you're over 20.
Rabrom, Thank you. My confusion is what date is my pay supposed to be calculated from. AGR disability retired with under 20 AD, but 21 guard. I draw CRDP now that I am over 60 but they are calculating my pay from when I actually left the service. Some reg readings appear to imply pay is calculated from the current pay scale on the date of pay eligibility. That is significantly higher.
The Financial Management Regulation I led you to is a simplified version of the applicable laws (not regulations). I’ll look at it this evening and dig out the info you need. In the meantime maybe you could visit @Guardguy11 @Provis @chaplaincharlie and @RetiredColonel-MikeT all of whom might have experienced the pay situation you described.
Ron
Edited to add: CRDP is no longer a pay term; it is Concurrent Receipt of military retired pay. A reservist with 20 good years cannot receive their reserve retirement and possibly Concurrent Receipt until they meet the age requirement . A 15 year medical retirement results in zero Concurrent Receipt.
Ron
Edited to add: CRDP is no longer a pay term; it is Concurrent Receipt of military retired pay. A reservist with 20 good years cannot receive their reserve retirement and possibly Concurrent Receipt until they meet the age requirement . A 15 year medical retirement results in zero Concurrent Receipt.
To me, this is the basic question I can’t find the answer to…
If a person retires from a RC after 20 good years and they go into the retired reserve, their retirement pay at age 60 (or lower) is computed as: points/360*2.5% and that percentage is applied to the high 3 as though they were on active duty the 3 years prior to turning 60. So they get the benefit of all the COLA raises and time in service bumps from when they retire to when they reach 60.
If the that same person gets medically retired after 20 good years reserve time, waives medical retirement pension for VA disability until age 60, and then applies for his reserve pension at age 60 so he can get concurrent receipt, do they get put in the Retired Reserve or similar status when they get medically retired, and get treated as above, or is their pension amount based on pay tables and years of service from when they were medically retired? The difference in pay can be extreme. Edited by moderator: In that scenario,
for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. See next post in this thread. Ron
The waiver of retired pay is dollar for dollar in the amount of VA compensation received. That does NOT always result in the total waiver of retired pay.
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3 * September 2022
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_03.pdf ,<----LINK
2.2.2.2. A member placed on the TDRL receives retired pay that is equal to the retired pay base under Table 3-1, Rule 2, multiplied by the member’s election of either:
2.2.2.2.1. The applicable percentage described in subparagraph 2.1.2 times the years of service credited for percentage purposes under 10 U.S.C. § 1208;
or, 2.2.2.2.2. Percentage of disability, not to exceed 75 percent, on the date when the military department concerned places the member’s name on the TDRL.
2.2.2.2.3. If neither multiplier as described under subparagraphs 2.2.2.2.1and 2.2.2.2.2 is at least 50 percent, DFAS will pay a minimum of 50 percent of the retired pay base while the member is on the TDRL. 2.2.2.2.4. For a member placed on the TDRL on or before January 7, 2011, the retired pay multiplier may not exceed 75 percent. The retired pay multiplier is not limited for members with 30 or more years of service who retire on or after January 8, 2011.
* 2.2.3. If a member is retired for disability and is eligible under another provision of law,follow the rule in Table 3-1 applicable to the section of law that is more advantageous to the member.
Note: however, for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. To be entitled to retired pay for non-regular service under 10 U.S.C. § 12731, a member must “not be entitled under any other provision of law, to retired pay from an armed force.” See 10 U.S.C. § 12731.
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Ron
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3 * September 2022
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_03.pdf ,<----LINK
2.2.2.2. A member placed on the TDRL receives retired pay that is equal to the retired pay base under Table 3-1, Rule 2, multiplied by the member’s election of either:
2.2.2.2.1. The applicable percentage described in subparagraph 2.1.2 times the years of service credited for percentage purposes under 10 U.S.C. § 1208;
or, 2.2.2.2.2. Percentage of disability, not to exceed 75 percent, on the date when the military department concerned places the member’s name on the TDRL.
2.2.2.2.3. If neither multiplier as described under subparagraphs 2.2.2.2.1and 2.2.2.2.2 is at least 50 percent, DFAS will pay a minimum of 50 percent of the retired pay base while the member is on the TDRL. 2.2.2.2.4. For a member placed on the TDRL on or before January 7, 2011, the retired pay multiplier may not exceed 75 percent. The retired pay multiplier is not limited for members with 30 or more years of service who retire on or after January 8, 2011.
* 2.2.3. If a member is retired for disability and is eligible under another provision of law,follow the rule in Table 3-1 applicable to the section of law that is more advantageous to the member.
Note: however, for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. To be entitled to retired pay for non-regular service under 10 U.S.C. § 12731, a member must “not be entitled under any other provision of law, to retired pay from an armed force.” See 10 U.S.C. § 12731.
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Ron
Thank you for the information. I am still a bit confused. I was AGR (Active Duty Guard) with over 15 years Active, but also had 21 years total with National Guard service. I was disability retired while on AGR service. I was awarded 100% by VA. I was immediately eligible for active duty retirement but could not receive CRDP pay until Guard retirement eligibility age 60.
Since I had over 20 years total should I have been eligible for CRDP when the law was enacted instead of having to wait until age 60 and going under National Guard retirement?
Does the 20 years have to be active duty to receive CRDP (when it became law) with active duty disability retirement?
If Guard retirement was my only option why was my pay computed from the first day after active duty disability retirement instead of the Guard retirement eligibility at age 60?
I apologize for having several questions here but after reading laws and regulations I am still confused.
Thank you for your help.
I am disability retired under title 10.
Hello @oshark2
1. A regular retirement is 20 active duty years or more, not X number of years AD plus xx reserve good years. Per your info, you did not qualify for a regular retirement.
2. A reserve retirement requires 20 good years and meeting the age requirement of ~60 (can be reduced for certain service).
You can apply for the reserve retirement as you near meeting the age requirement.
3. This link discusses Concurrent Receipt (used to be CRDP) in your case:
DFAS Info for Concurrent Receipt of Military Retired Pay and VA Compensation- Interpretation of Laws <—-LINK
4. Note about agreeing to waive retired pay in order to receive VA comp:
The waiver is “only” the amount of the VA comp; sometimes residual retired pay remains.
Ron
1. A regular retirement is 20 active duty years or more, not X number of years AD plus xx reserve good years. Per your info, you did not qualify for a regular retirement.
2. A reserve retirement requires 20 good years and meeting the age requirement of ~60 (can be reduced for certain service).
You can apply for the reserve retirement as you near meeting the age requirement.
3. This link discusses Concurrent Receipt (used to be CRDP) in your case:
DFAS Info for Concurrent Receipt of Military Retired Pay and VA Compensation- Interpretation of Laws <—-LINK
4. Note about agreeing to waive retired pay in order to receive VA comp:
The waiver is “only” the amount of the VA comp; sometimes residual retired pay remains.
Ron