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

Pavetim

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I'll call the PEBLO Monday but this seems to be an army program? I know probably not but i was referred to MEB not because I can't do my job but because I have had PT exemptions. So if I did a full PT test, even if i failed I would still have "completed" one would that remove me from the MEB?
 

Army Chief

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I just read in the most recent version of MOAA's magazine that the Senate removed this (and the Widow's Tax). I'm not sure why I expected them to do the honorable thing, but it's still pretty crushing. I doubt it will be added again.
 

Kph22

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Unfortunately, that is not the way it works. What you might be thinking of is that you will have an accounting of your CH 61 retired pay at 30% or more, but you will have to waive (lose) retired pay dollar for dollar in the amount of VA compensation received.

CRDP is the mechanism that allows for the receipt of both retired pay and VA comp simultanously. CRSC is another path, although more complicated.

You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.

Under these rules, you may be entitled to CRDP if…
  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay [including age requirement] under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay
Ron
Does CDRP apply for tdrl with less then 20 years? I’m at 50% dod and 80% va? I just received pay from DOD however I thought I waived it for va pay since it would be higher and non taxed. Not sure if I qualify under the last bullet point you made. Any help would be appreciated.
 

RonG

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Does CDRP apply for tdrl with less then 20 years? I’m at 50% dod and 80% va? I just received pay from DOD however I thought I waived it for va pay since it would be higher and non taxed. Not sure if I qualify under the last bullet point you made. Any help would be appreciated.
You do not qualify for CRDP under the circumstances you described.

Additionally, all CH 61 must agree to waived retired pay dollar for dollar in the amount of VA compensation received IF
they want to receive VA compensation. There are cases where not all the retired pay is waived and the residual (left over) retired pay is paid to the retiree.

If you "just received" your entire retired pay from the DoD, you might not have annotated the claim form correctly in order to receive VA compensation. Check with your VSO.

Ron
 

Jolly cheese

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I can’t find anything on ch 61 in the most current bill. Talks about survivor benefits and that’s it. Any luck or links??
 

RonG

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Latest Summary (1)

There is one summary for H.R.303. View summaries
Shown Here:
Introduced in House (01/05/2017)
Retired Pay Restoration Act

This bill: (1) allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only for a disability rated at 50% or more), and (2) repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.

Individuals who were retired or separated from military service due to a service-connected disability shall be eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay.

——
CH 61 retirees are discussed in the last paragraph. I have seen nothing that suggests this bill will move toward approval. My opinion is that it should, but...

Ron
 

Jolly cheese

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Latest Summary (1)

There is one summary for H.R.303. View summaries
Shown Here:
Introduced in House (01/05/2017)
Retired Pay Restoration Act

This bill: (1) allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only for a disability rated at 50% or more), and (2) repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.

Individuals who were retired or separated from military service due to a service-connected disability shall be eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay.

——
CH 61 retirees are discussed in the last paragraph. I have seen nothing that suggests this bill will move toward approval. My opinion is that it should, but...

Ron
Ok, I was looking at the bill passed by the Senate in 2018(July) and on its way back to the house. I could not find anything in it on Ch 61 and concurrent receipt.
 

ironpirate83

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"A 2394. Mr. HELLER (for himself and Mr. Tester) submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) and intended to be proposed to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 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: "


So the S.Amdt 2394 was apart of the S.2282 that was passed in the HR 5515 today. So will we get the concurrent receipt?
 

YellowHammer

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Nobody knows what's going on. MOAA rep said it wasn't included so I'm inclined to believe them & doubt it made it in.
 

landmine

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So, if I am tracking this correctly, and please correct me if I am wrong, we want POTUS to sign H.R.5515 which is currently waiting for him to sign or veto?

And this would be beneficial to S.Amdt.2394 which helps with TDRL/PDRL retirees with less than 20 years get a step closer to receiving both VA and retirement pension?
 

ironpirate83

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What I'm tracking and that we need clarification on is that Trump signed this HR 5155 and that s. a 2394 (concurrent pay less than 20 years) is apart of the A 2282 which was approved in the HR 5155. haha so confusing, wish we could see the amendments and all the file.
 

YellowHammer

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POTUS already signed the final bil into law. The Ch. 61 stuff was an amendment to the Senate version of the bill. Since the House & Senate versions differed they had to go to conference to merge the two. According to MOAA the Ch. 61 stuff didn't survive the joint conference.

The confusing part is that the official congressional website lists 600+ proposed amendments to the bill, two of which were relevant to ch. 61 folks. However, no actual verbiage appears anywhere in the text of the bill regarding ch. 61 offset.

The absence of any mention in the text of the bill and MOAA explcitly saying it didn't make the cut tells the story IMO.
 

RonG

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Unfortunately, it appears you are correct (your last sentence).

Ron
 

Padgettra

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I do not see it in the enrolled bill and this is the version that was signed by POTUS. When I watched the Senate coverage no amendments were allowed and the Senate replaced the entire House bill with the Senate version. The conference report more or less took the Senate version. Space A Travel and Retirement Home authority is in the new law.
 

Attachments

TheChip

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POTUS already signed the final bil into law. The Ch. 61 stuff was an amendment to the Senate version of the bill. Since the House & Senate versions differed they had to go to conference to merge the two. According to MOAA the Ch. 61 stuff didn't survive the joint conference.

The confusing part is that the official congressional website lists 600+ proposed amendments to the bill, two of which were relevant to ch. 61 folks. However, no actual verbiage appears anywhere in the text of the bill regarding ch. 61 offset.

The absence of any mention in the text of the bill and MOAA explcitly saying it didn't make the cut tells the story IMO.
Your answer is above. The amendment did not make it to the final bill. So retired with 20 or less will not be getting their military retired pay in addition to VA compensation.
 

Hawkeye99

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Your answer is above. The amendment did not make it to the final bill. So retired with 20 or less will not be getting their military retired pay in addition to VA compensation.
Of course. If it ever does happen; I'm sure there will be quite a bit more public commentary on it prior to the passage of the bill.
 
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