Do disabled veterans need a 180-day waiver for federal employment?

[RonG]

I returned to this thread while researching another matter. My comments are not to interpret the 180-day restriction for DoD employment after entering a retired status from the military.

Much of the previous discussion involves "entitlement to retired pay." A position was taken that disability retirees with less than 20 years active duty are NOT entitled to retired pay because they did not earn it through serving at least 20 years active duty. [The applicable laws do not mention "earning" retirement.]

Contrary to that opinion,
A person who is ordered to active duty and is determined to be unfit to perform duties of his or her office, grade, rank, or rating because of physical disability
may retire under 10 U.S.C. §
1204, rule 1
or
1205, rule 2
or
1201, rule 1
or
1202, rule 2
[All depending on the number or days active duty involved.]

10 U.S.C. § 1204; 1205; 1201; 1203 are the statutory authority for military disability retirement (therefore, entitlement).


Black's Law Dictionary Free Online Legal Dictionary 2nd Ed

"What is ENTITLE?
In its usual sense, to entitle is to give a right or title. Therefore a person is said to be entitled to property when he has a right to it. Com. v. Moorhead. 7 Pa. Co.Ct. R. 510; Thompson v. Thompson, 107 Ala. 103. 18 South. 247. In ecclcsiastical law. To entitle Is to give a title or ordination as a minister."

With regard to disability retirees, they have a right to retired pay IAW current law. They do not have to fulfill a non-existent requirement to "earn" that right. Their status as a disabled retiree gives them that right/entitlement.

Ron
@Dani2920

 

[crystaline137]

I have been trying to get into that Facebook group for weeks. My join request says that it still needs to be reviewed by admin. Is there any other way to join that group?

 

[RonG]

I have been trying to get into that Facebook group for weeks. My join request says that it still needs to be reviewed by admin. Is there any other way to join that group?

Re: PEB Forum <—-LINK

Recommend you send a private message regarding this matter to @Jason Perry on this board

Good luck,
Ron

 

[C23M]

FWIW, Having just attended the 5-day transition course (TAP), this topic came up during a discussion. A point that is often overlooked is that this 180-day rule applies only to DoD Civil Service. You can still retire from DoD and get hired on to VA, IRS, DHS etc. without a waiver or special provisions.

FACTS, this applies to DOD, hence don’t apply to dod ...

 

[Subir15]

Hi,
Disabled veterans do not generally need a 180-day waiver for federal employment, as they are granted an exemption under Title 5, U.S. Code, Section 3326. This statute allows agencies to hire disabled veterans directly without waiting for the standard 180-day period after military retirement. The exemption recognizes their service and ensures they are not disadvantaged when seeking federal careers. However, it is important for veterans to check with the specific agency’s human resources office to confirm eligibility and documentation requirements before applying. sso id

 

[Lix1]

I returned to this thread while researching another matter. My comments are not to interpret the 180-day restriction for DoD employment after entering a retired status from the military.

Much of the previous discussion involves "entitlement to retired pay." A position was taken that disability retirees with less than 20 years active duty are NOT entitled to retired pay because they did not earn it through serving at least 20 years active duty. [The applicable laws do not mention "earning" retirement.]

Contrary to that opinion,
A person who is ordered to active duty and is determined to be unfit to perform duties of his or her office, grade, rank, or rating because of physical disability
may retire under 10 U.S.C. §
1204, rule 1
or
1205, rule 2
or
1201, rule 1
or
1202, rule 2
[All depending on the number or days active duty involved.]

10 U.S.C. § 1204; 1205; 1201; 1203 are the statutory authority for military disability retirement (therefore, entitlement).


Black's Law Dictionary Free Online Legal Dictionary 2nd Ed

"What is ENTITLE?
In its usual sense, to entitle is to give a right or title. Therefore a person is said to be entitled to property when he has a right to it. Com. v. Moorhead. 7 Pa. Co.Ct. R. 510; Thompson v. Thompson, 107 Ala. 103. 18 South. 247. In ecclcsiastical law. To entitle Is to give a title or ordination as a minister."

With regard to disability retirees, they have a right to retired pay IAW current law. They do not have to fulfill a non-existent requirement to "earn" that right. Their status as a disabled retiree gives them that right/entitlement.
nulls clash
Ron
@Dani2920

If a service member is retired under Chapter 61 and waives all military retired pay to receive VA Disability Compensation (which is non-taxable), do they still count as being "entitled" to retired pay, for the sole purpose of applying the 180-day civilian employment rule?

 

[Provis]

If a service member is retired under Chapter 61 and waives all military retired pay to receive VA Disability Compensation (which is non-taxable), do they still count as being "entitled" to retired pay, for the sole purpose of applying the 180-day civilian employment rule?

yes they still count towards being entitled for pay definition. Not sure if there is any ways to get around that but the argument that you aren't receiving retirement pay due to VA offset isn't a workaround since you are still entitled to that pay. In fact, at anytime you can decline VA compensation and get your retirement pay.

 

[d001]

I'm in the process of being hired after recently retiring (hopefully still... government shutdown).
The hiring manager told me that the 180 day rest period can be waived if the position is critical (can't remember the actual term used). Apparently my package had to get a signature from some very high-up member.

Sidenote - I believe the 180 day period only applies to DOD positions. I may be wrong, but I think you can get hired on by other federal agencies.