If you are DOD TDRL/PDRL retired with less than 20 years of service please read.

***UPDATE***

From the NDA-FY22 list of amendments from the .gov website (here is the URL: Congressional Record Senate Articles):

SA 3984. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill H.R. 4350, to authorize appropriations for fiscal year
2022 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of title VI, add the following:

SEC. 607. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN
20 YEARS OF SERVICE AND A COMBAT-RELATED
DISABILITY FOR CONCURRENT RECEIPT OF VETERANS'
DISABILITY COMPENSATION AND RETIRED PAY.

(a) Concurrent Receipt in Connection With CSRC.--Section
1413a(b)(3)(B) of title 10, United States Code, is amended by
striking ``creditable service,'' and all that follows and
inserting the following: ``creditable service--
``(i) the retired pay of the retiree is not subject to
reduction under sections 5304 and 5305 of title 38; and
``(ii) no monthly amount shall be paid the retiree under
subsection (a).''.
(b) Concurrent Receipt Generally.--Section 1414(b)(2) of
title 10, United States Code, is amended by striking
``Subsection (a)'' and all that follows and inserting the
following: ``Subsection (a)--
``(A) applies to a member described in paragraph (1) of
that subsection who is retired under chapter 61 of this title
with less than 20 years of service otherwise creditable under
chapter 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 if the member has a combat-
related disability (as that term is defined in section
1413a(e) of this title), except that in the application of
subsection (a) to such a member, any reference in that
subsection to a qualifying service-connected disability shall
be deemed to be a reference to that combat-related
disability; but
``(B) does not apply to any member so retired if the member
does not have a combat-related disability.''.
(c) Technical and Conforming Amendments.--
(1) Amendments reflecting end of concurrent receipt phase-
in period.--Section 1414 of title 10, United States Code, is
further amended--
(A) in subsection (a)(1)--
(i) by striking the second sentence; and
(ii) by striking subparagraphs (A) and (B);
(B) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(C) in subsection (d), as redesignated, by striking
paragraphs (3) and (4).
(2) Section heading.--The heading of such section 1414 is
amended to read as follows:

``Sec. 1414. Members eligible for retired pay who are also
eligible for veterans' disability compensation: concurrent
receipt''.

(3) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item relating to section 1414 and inserting the following
new item:

``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent receipt.''.
(4) Conforming amendment.--Section 1413a(f) of such title
is amended by striking ``Subsection (d)'' and inserting
``Subsection (c)''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the first month
beginning after the date of the enactment of this Act and
shall apply to payments for months beginning on or after that
date.
 
oddpedestrian said:
Right now there is a push to get bill H.R. 333 through Congress it would give Chapter 61 Retirees, that's most of us with a 30% rating from the DOD, with less than 20 years of service concurrent receipt. That is we would get our VA Compensation pay AND our TDRL/PDRL retirement pay. As of now most of us only get the VA portion as it almost always is higher than what the DOD pays, this is called an offset and if for some reason your VA pay ends up being lower than the DOD portion, the DOD pay would kick in making up the difference.

For example, let's say you get VA comp at 80% which is about 1800 a month and your DOD is 50% at 1400 you would only receive one deposit from the VA at 1800 dollars. Now let's say if your VA Comp was 60% at 1200 dollars and your DOD was still 50% then you would receive two deposits one from the VA at 1200 and then one from DFAS for 200 bringing to a total of 1400 because your DOD percentage pay ended up being higher....following? This bill if passed would allow you to collect both the 1800 and 1400 or the 1200 and 1400 see how much money is up in the air? That's 168,000 in retired pay for just ten years!!!

During my time lurking the group, I saw WAY too many people accept an unacceptable reduction in DOD percentages, especially when going from TDRL to PDRL some even opting to take severance. These were and are huge mistakes in my opinion just because you don't want to "fight" anymore or you just want to be finally "done" with the Navy, Army, Air Force is never an excuse to make poor elections that could cost you hundreds of thousands of dollars in pay. Even you forum members going through this the first time make sure that your DOD percentage is accurate especially if you are getting PDRL from the jump. I provided two links below so you can follow the bill and read up on it some more.

Disabled Veterans Tax Termination Act (2017 - H.R. 333)

http://cqrcengage.com/amra/ConcurrentReceiptPlusChap61?0
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Thank you for this. It is crazy that for this who DO 20 automatically get both whereas less than 20 its one or the other, but as you say VA is higher. Time served is time served and if discharged for medical reasons at 30% or higher service connected it is only fitting that the SM receive from both the VA and the military branch in which they served.
 
Alex4621 said:
armscontrolcenter.org

Final Summary: Fiscal Year 2022 National Defense Authorization Act (S. 1605) - Center for Arms Control and Non-Proliferation

On July 21, 2021, the Senate Armed Services Committee approved S. 2792, the National Defense Authorization Act for Fiscal Year 2022, by a vote of 23-3. On September 23, 2021, the House passed H.R. 4350, the National Defense Authorization Act for Fiscal Year 2022, by a vote of 316-113. Despite...
armscontrolcenter.org armscontrolcenter.org

No luck...better luck next time...
Click to expand...
It is still not dead for the current Congress. It is sitting in the Senate Armed Services Committee. Current congress runs until January 3, 2023. Contact your Senator if they are on the Senate Armed Services Committee. It has enough co-sponsors to get passed by the Senate if it can get released from committee.
 
True....I already contacted my Senator (Jon Tester - D,MT), but I will do it again. He was the one who sponsored the Major Richard Starr act in the Senate and even included it in the NDAA 2022 before it was removed.
 
Dear Jared,



Thank you for contacting me about the Global War on Terrorism Memorial Location Act (S. 535) and the Major Richard Star Act (S. 344) in the National Defense Authorization Act (NDAA) for Fiscal Year 2022 (FY22). It's good to hear from you.
The NDAA is a critical piece of annual legislation that funds our nation's defense and provides for those who defend us. As Montana's senior Senator and Chairman of the Defense Appropriations Subcommittee, I will fight to secure important resources for Montanans, our Armed Forces, and to protect our national security.
I have filed amendments to include important pieces of legislation in the FY22 NDAA, such as my Major Richard Star Act (S. 344). This bill would remove the unfair payment offset for veterans with fewer than 20 years of creditable service receiving disability compensation from the Department of Veterans Affairs and retirement pay from the Department of Defense.
The Global War on Terrorism Memorial Location Act would authorize the establishment of a National Global War on Terrorism Memorial in the area of the National Mall. I am a cosponsor of this legislation.
As the Senate works to finalize its version of the NDAA, I will keep your priorities in mind. Please do not hesitate to contact me again if I can be of further assistance.

Sincerely,

Jon Tester
United States Senator
 
Btw, please feel free to share the above email from Sen Jon Tester with your state's reps and senators.

Nothing like competition to set a fire under the asses of politicians who scream "support our vets!" at their campaign rallies.
 
This would be huge news for a large majority of us. I will contact my congressmen and senators encouraging the advancement. You guys are awesome for keeping this thread going.
 
This idea has been thrown around for a few years. Hopefully we get a huge wave of support and it gets passed. My curiosity has now moved on to how great the impact would be for those of us with combat related disabilities. While I'm eternally grateful with how I was treated by the VA and am now compensated, I would be crazy to saythat a little extra boost in the form of DOD retirement pay wouldn't help.
 
D_street1030 said:
This idea has been thrown around for a few years. Hopefully we get a huge wave of support and it gets passed. My curiosity has now moved on to how great the impact would be for those of us with combat related disabilities. While I'm eternally grateful with how I was treated by the VA and am now compensated, I would be crazy to saythat a little extra boost in the form of DOD retirement pay wouldn't help.
Click to expand...
It has gained momentum, it just needs to continue moving forward. This is the most traction that it has ever gained.
 
D_street1030 said:
This idea has been thrown around for a few years. Hopefully we get a huge wave of support and it gets passed. My curiosity has now moved on to how great the impact would be for those of us with combat related disabilities. While I'm eternally grateful with how I was treated by the VA and am now compensated, I would be crazy to saythat a little extra boost in the form of DOD retirement pay wouldn't help.
Click to expand...
Hello @D_street1030

Some facts about CRDP and CRSC (CRDP is the pay issue discussed in this thread):

1. CRSC replaces some or all of waived/offset/reduced retired pay. It can never be more than the longevity portion of retired pay and can be less.
2. CRDP restores the longevity portion of retired pay. Obviously, it cannot be more than the longevity, . As a regular retiree, my receipt of CRDP was almost invisible as it was shown only on page two of the DFAS RAS. It is included in the gross retired pay on page one. A CH 61 retiree who qualifies for another type of retirement other than disability might qualify for CRDP. The presentation on his/her DFAS RAS might be different since CRDP does not restore waived retired pay in excess of the longevity amount.
3. Those who qualify for both CRDP and CRSC must choose between the two. One cannot be paid both simultaneously.

There are several other nuances about the two Concurrent Receipt forms of payments that are not discussed here.
CRDP and CRSC, DFAS Info: Defense Finance and Accounting Service > RetiredMilitary > disability > comparison <---LINK

I hope the bill passes.

Ron
 
RonG said:
Hello @D_street1030

Some facts about CRDP and CRSC (CRDP is the pay issue discussed in this thread):

1. CRSC replaces some or all of waived/offset/reduced retired pay. It can never be more than the longevity portion of retired pay and can be less.
2. CRDP restores the longevity portion of retired pay. Obviously, it cannot be more than the longevity, . As a regular retiree, my receipt of CRDP was almost invisible as it was shown only on page two of the DFAS RAS. It is included in the gross retired pay on page one. A CH 61 retiree who qualifies for another type of retirement other than disability might qualify for CRDP. The presentation on his/her DFAS RAS might be different since CRDP does not restore waived retired pay in excess of the longevity amount.
3. Those who qualify for both CRDP and CRSC must choose between the two. One cannot be paid both simultaneously.

There are several other nuances about the two Concurrent Receipt forms of payments that are not discussed here.
CRDP and CRSC, DFAS Info: Defense Finance and Accounting Service > RetiredMilitary > disability > comparison <---LINK

I hope the bill passes.

Ron
Click to expand...
Ron, I receive CRSC as well. I just hope, for the sake of all of us, that progress is made. Any bill that passes with the intention of helping disabled veterans is a bill I'll fully support.
 
Correct me if I'm wrong but if this bill passes the CSRC (which I currently receive) would go away and I would receive the full amount of my gross pay plus my VA waiver (VA pay), correct? Interested to know your thoughts..

I'm 100% disabled P&T and was medically retired at 12 years on active duty at 90% originally. All my pay is tax free since my injuries and disabilities were service connected and combat related. What sucks is every year my DoD pay is reduced more and more and I feel my CSRC doesn't really offset the loss like it should.

As it sits my eRAS states the following:
- Gross Pay - $5,597.00
- VA Waiver - $3,772.22
- Net Pay - $1,824.78
- CSRC Pay - $474.22
 
LeoS said:
I met face to face with my congressman and gained his support.

The squeaky wheel gets the oil. Hopefully enough oil to assist in reaching 218 co-sponsors in the house.
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Both my senators Cruz and Cornyn (Texas) have not supported it... Cornyn's office responded to my wife's email on this bill and referenced the wrong bill in their email traffic to her... how I loathe politicians.. you would think this would be a slam dunk...
 
PurpleHeartTanker said:
Correct me if I'm wrong but if this bill passes the CSRC (which I currently receive) would go away and I would receive the full amount of my gross pay plus my VA waiver (VA pay), correct? Interested to know your thoughts..

I'm 100% disabled P&T and was medically retired at 12 years on active duty at 90% originally. All my pay is tax free since my injuries and disabilities were service connected and combat related. What sucks is every year my DoD pay is reduced more and more and I feel my CSRC doesn't really offset the loss like it should.

As it sits my eRAS states the following:
- Gross Pay - $5,597.00
- VA Waiver - $3,772.22
- Net Pay - $1,824.78
- CSRC Pay - $474.22
Click to expand...
Hello @PurpleHeartTanker

Here is my understanding of the Starr Act (if approved):

1. Currently, CH 61 retirees with less than 20 years AD or AD equivalent are not eligible for CRDP. TERA and reserve retirements with 20 year letter also qualify for CRDP if they have a 50% VA rating or more...which is also needed by regular retirees.

2. The STARR ACT would allow those CH 61 retirees with less than 20 AD yrs to receive the longevity portion of their retired pay, if they have a VA rating of 50% or more. Retired pay in excess of the longevity portion is not covered by CRDP.

3. I assume that the provision of law that states the combination of residual retired pay and CRDP cannot exceed the longevity amount will remain. That affects you since it is obviously you receive a large amount of residual retired pay in your CRSC computation (which was the same limitation).

4. I did not re-read the STARR ACT today, but I don't remember CH 61 retirees with less than 50% VA rating being eligible for CRDP, which is not surprising since those with regular retirements with 40% or less VA ratings are not eligible for CRDP either.

5. In your case,the STARR ACT will have little impact due to the large amount of residual retired pay you receive.

I'll take another look at the proposed act later today...

Good luck to all,
Ron
 
RonG said:
Hello @PurpleHeartTanker

Here is my understanding of the Starr Act (if approved):

1. Currently, CH 61 retirees with less than 20 years AD or AD equivalent are not eligible for CRDP. TERA and reserve retirements with 20 year letter also qualify for CRDP if they have a 50% VA rating or more...which is also needed by regular retirees.

2. The STARR ACT would allow those CH 61 retirees with less than 20 AD yrs to receive the longevity portion of their retired pay, if they have a VA rating of 50% or more. Retired pay in excess of the longevity portion is not covered by CRDP.

3. I assume that the provision of law that states the combination of residual retired pay and CRDP cannot exceed the longevity amount will remain. That affects you since it is obviously you receive a large amount of residual retired pay in your CRSC computation (which was the same limitation).

4. I did not re-read the STARR ACT today, but I don't remember CH 61 retirees with less than 50% VA rating being eligible for CRDP, which is not surprising since those with regular retirements with 40% or less VA ratings are not eligible for CRDP either.

5. In your case,the STARR ACT will have little impact due to the large amount of residual retired pay you receive.

I'll take another look at the proposed act later today...

Good luck to all,
Ron
Click to expand...
Ron,

Thanks. Interesting your take. I kind of read it to mean that if the MAJ Richard Star act passed I would get the full amount of my intended DoD pension and full amount of my VA pension. Obviously, it would render the CSRC obsolete.
 
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