Concurrent Receipt

B

brianwl

PEB Forum Regular Member
PEB Forum Veteran
Folks,

I spoke with Congressman Jim Marshall's (sponsor of the bill) office today. HR 333 Disabled Veterans Tax Termination Act is still alive in the new session, but is still stuck in the House Armed Service Committee. His office is asking for OUR help to get this bill out for a vote.

HR 333 is the ONLY bill that closes all the wholes in CR, that means ALL retirees will get their CR if this bill is passed as written regardless of VA rating.

It's time to CALL, Write, and generally badger your Representatives until they submit to your demands. We have to keep it up until the bill is signed, most likely in the 2009 NDAA.

Remind them it is NOT a benefit or entitlement issue, it is a DEBT owed.
 
All my calls are free, so I don't have a problem calling state reps constantly. :D
 
For CRDP, you need to also have 20 years of service.
 
I have 25 yrs...but IPEB boarded me at 40% for service connected disability - have not filed my VA claim yet -- so I assume this will bumped me up to the magic 50% right?
 
It is not a sure thing. The DoD rating may have rated you to low on certain condition, or they may have not rated certain conditions as not unfitting. So, if either of these are the situation, you may get an increase at the VA. But this is not guaranteed to happen.
 
I hope so...at least I get the 10 points for vet preference if I want to get into federal jobs (ie met the 30% disability rule for service connected disability) Thanks
 
Tuc, I called the 1-800# and I'm still in a holding pattern. I figured it's still to early. I'm going to give it between 45-90 days to find something out. Just to let you know, I woke up and it was 68 degrees!! I'm heading to Michigan Friday afternoon and should be there by Saturday night.

King
 
Does anyone know for sure if the new NDAA law 2008 (or maybe 2009 now) (June-July Addendums) includes Chapter 61 retirees with less than 20 years in the CRDP pay now -- and if not a TERA retiree. IF not, it seems that group is the only retiree group that is excluded ...

I mean the most current law in effect today or coming in Oct 2008
 
In the National Defense Authorization Act for Fiscal Year 2008 this should have been corrected this year, so people under 20 years of service can recieve this. Please someone correct me if I am wrong.


Subtitle D: Retired Pay and Survivor Benefits - (Sec. 641) Expands eligibility for combat-related special compensation to include all servicemembers eligible for retirement pay who have a combat-related disability, including those retired or separated, or transferred to a temporary disability retired list, due to physical disability. Reduces such compensation amount with respect to retirees with fewer than 20 years of retirement-creditable service.

Search Results - THOMAS (Library of Congress)&
 
That fixed CRSC, not CRDP.
 
Now I am totally confused, CRSC, you get the LOS pay or the disability pay, or both with VA pay?

LOS would be taxable, the rest untaxed?

I thought I had this down pat,

Stu
 
monkey44 said:
Does anyone know for sure if the new NDAA law 2008 (or maybe 2009 now) (June-July Addendums) includes Chapter 61 retirees with less than 20 years in the CRDP pay now -- and if not a TERA retiree. IF not, it seems that group is the only retiree group that is excluded ...

I mean the most current law in effect today or coming in Oct 2008
Click to expand...

I know for a fact the Ch61's were not included in CRDP. I think the TERA retirees were, but not sure.

I also know for a fact all those rated as IU by the VA and having at least 20 years of service were included in the 2008 NDAA.

I do not believe the 2009 NDAA has anything in it for us.
 
TERA and other LOS retirees with less than 20 years have always been included in CRDP from day one of CRDP law.

The IU CRDP provision in the 2008 NDAA states those CRDP eligible personnel rated 100% via IU should have been excluded from the 10 year phase in schedule for CRDP. They will be receiving full CRDP from day one of eligibility due to this 2008 NDAA provision.

CRSC is tax free. CRDP is not.

The 2008 NDAA expanded CRSC to all retiree, regardless of the number of years served. The CRSC formula for Chapter 61 retirees is as follows:

1. Total amount of DoD disability retirement ____________
2. Minus DoD retirement amount based on years of service __________
3. Equals DoD "Disability Pay" ________(If less than 0, enter 0)
4. Amount of VA compensation due for combat related disabilities _________
5. Minus DoD "Disability Pay" (line 3) _______
6. Equals Maximum CRSC amount ________(If less than 0, enter 0)


CRSC due is smaller amount from line 2 and line 6.

Mike
 
I saw this in the actual law.

Subtitle D--Retired Pay and Survivor Benefits


SEC. 641. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES.


  • (a) CONCURRENT RECEIPT- Section 1414 of title 10, United States Code, is amended to read as follows:
`Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans' disability compensation


  • `(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION-
    • `(1) IN GENERAL- Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans' disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a `qualified retiree') is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c).
  • `(2) QUALIFYING SERVICE-CONNECTED DISABILITY- In this section, the term `qualifying service-connected disability' means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
  • `(b) Special Rules for Chapter 61 Disability Retirees-
    • `(1) CAREER RETIREES- The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member's retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title.
    • `(2) DISABILITY RETIREES WITH LESS THAN 20 YEARS OF SERVICE- Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement.
 
SO now I am clear again, chap 61 with less than 20 and getting VA disability will get a tax free payment for the lesser of line 2 and 6 and their VA Disability and thats it.

Right?

Sorry, I get confused.......when the moon is in the seventh house and jupiter aligns with mars............
 
cvma544 said:
SO now I am clear again, chap 61 with less than 20 and getting VA disability will get a tax free payment for the lesser of line 2 and 6 and their VA Disability and thats it.

Right?

Sorry, I get confused.......when the moon is in the seventh house and jupiter aligns with mars............
Click to expand...

Correct, provided you meet the criteria to receive CRSC.
 
I am confused as to how this effects me as far as CRDP. I was retired with 40% from the PEB. I have 28 years total service time in the guard and 14 years active. I have a blue ID card and receive a monthly retirement check. I have just been awarded 70% from the VA.

My question is should I be getting the CRDP?

Thanks
 
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