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

RonG

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I am a little confused over this Maj Richard Star bill are they proposing that your CRSC should include any waive portion of your retired pay? All my waived DoD pay is combat but I receive a portion of that from CRSC not sure what this bill is accomplishing.
Hello,

Since this issue has been introduced before, I did not read the entire bill; I will do so in the morning and get back to you. However, your case (CH 61) is unlikely to change.

I appears you receive CRSC that is limited to the amount of the longevity portion of retired pay (this is a guess). If you have residual retired pay, the combination of residual retired pay plus CRSC cannot exceed the longevity portion of retired pay.

As you know, CRSC replaces some or all of waived retired pay.

Ron
 

oddpedestrian

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@RonG

HR 333 and SR 208 are reintroduced separately than this bill, this one is different not sure what it is attempting to accomplish the Maj got lung cancer presumably from burn pit exposure not sure if his CRSC was denied or he didnt think it paid enough compared to what his longevity portion would have paid.
 

RonG

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Interesting...I will check it out in morning.

Thanks,
Ron
 

RonG

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Hello,

I believe I might be able to offer some clarity to the CRSC aspect of the bill. The CRDP section is more difficult to interpret and a narrative summary has yet to be provided by the House.

The Major Richard Star Act, HR 5995, introduced by U.S. Rep Bilirakis, a Republican from Florida, seeks to eliminate a legal provision that prevents some retired veterans from simultaneously collecting two types of federal monetary benefits, referred to as “concurrent receipt.”
It is
H.R.5995 - Major Richard Star Act 116th Congress (2019-2020) |
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Hide Overview
Sponsor:Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 02/27/2020)
Committees:House - Armed Services; Veterans' Affairs
Latest Action:House - 02/27/2020 Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions)

The older bills you mentioned seem to remain without additional action (HR 333 and SR 208). Last movement in early 2019.

Key elements of the Major Richard Star Act:

1. CRSC.

Purpose: To amend title 10, United States Code, to expand eligibility to certain military retirees for concurrent receipt of veterans’ disability compensation and retired pay or combat-related special compensation, and for other purposes.

Inclusion Of Chapter 61 Disability Retirees With Fewer Than 20 Years Of Service Who Are Eligible For Combat-Related Special Compensation.—Section 1413a(b)(3) of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking “In” and inserting “Subject to subparagraph (B), in”; and
(2) in subparagraph (B), by striking “In the case of” and all that follows and inserting “The retired pay of an eligible combat-related disabled uniformed services retiree, who is retired under chapter 61 of this title with fewer than 20 years of creditable service, is not subject to reduction under sections 5304 and 5305 of title 38.”.

Comment (result):

(3) Special rules for chapter 61 disability retirees. --

(A) General rule. --In Subject to subparagraph (B), in the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38 , cause the total of such combined payment to exceed 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.
(B) Special rule for retirees with fewer than 20 years of service. --In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38 , cause the total of such combined payment to exceed the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
The retired pay of an eligible combat-related disabled uniformed services retiree, who is retired under chapter 61 of this title with fewer than 20 years of creditable service, is not subject to reduction under sections 5304 and 5305 of title 38

Another comment:

The proposed amendment would eliminate the restriction of the CRSC amount to not exceed the longevity portion of retired pay.

2. CRDP.

“§ 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt”.

(2) TABLE OF SECTIONS.—The item relating to such section 1414 in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:

“1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.”.
(3) CONFORMING AMENDMENTS REFLECTING END OF CONCURRENT RECEIPT PHASE-IN PERIOD.—Such section 1414 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).

Comment.

The bill does not currently include a summary in plain English.

At this time, the Military Times article provides a better snapshot. See Military Times article LINK <---

There is a companion bill in the Senate, referenced earlier in this thread.

Ron
 
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RonG

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This extract from a letter offers some insight to the CRDP portion of the bill. The formatting is inexact.

February 28, 2020

The Honorable Gus Bilirakis United States House of Representatives 2227 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Bilirakis:

On behalf of service members, veterans, their families and survivors, the Veterans of Foreign Wars of the United States (VFW), Wounded Warrior Project (WWP), the Military Officers Association of America (MOAA), National Military Family Association (NMFA), Fleet Reserve Association (FRA), and TREA: The Enlisted Association write to express our support of H.R. 5995, Major Richard Star Act. Military retirees with 20 or more years of service qualify for retirement pay based on their dedicated service to our nation. These retirees may also qualify for disability compensation for any injuries that were caused or aggravated by their military service. Prior to 2004, military retirees could not receive both retirement pay and disability pay because it was erroneously perceived as a duplication of benefits or “double dipping.” In 2004, The Military Coalition (TMC) successfully advocated Congress to implement concurrent receipt for retirees who are rated 50 percent disabled or greater.

Remaining to be approved are those who are 40% disabled and below, and those who were unable to complete 20 years of service due to service-connected injuries or illness. There are approximately 210,000 of these individuals, known as Chapter 61 retirees. Some retirees who suffered from injuries incurred in combat are eligible for Combat Related Special Compensation (CRSC) which mitigates to varying degrees some loss in pay due to the offset. There are approximately 42,000 of these individuals. Military and Veterans Service Organizations have long argued that retired pay and VA service connected disability compensation are fundamentally different benefits, granted for different reasons.

Military retired pay is an earned benefit for vested years of service. Service-connected disability compensation is for injury. To deny retired pay because of a disability is an injustice. The Congressional Budget Office estimates that eliminating full concurrent receipt would cost more than $30 billion over ten years. An incremental approach chips away at the total cost by first eliminating subsets of the population who are still awaiting concurrent receipt of both pays.

The veterans in most need are those with combat injuries and less than 20 years of service. The Major Richard Star Act would provide total offset relief. This also reduces the number of people still awaiting total concurrent receipt, and commensurately reduces the cost of total concurrent receipt for all retirees who should keep both their retired pay and disability compensation. We appreciate your leadership on this issue and your commitment to America’s military and veterans.

Thank you for introducing this legislation and we look forward to working with you to move this bill forward. Sincerely, ... [multiple service organizations]

---
Ron
 

GUNS'N'STUFF

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I am a little confused over this Maj Richard Star bill are they proposing that your CRSC should include any waive portion of your retired pay? All my waived DoD pay is combat but I receive a portion of that from CRSC not sure what this bill is accomplishing.
Yeah, I read through this as well, it makes little sense as people proclaim, the more I read into it it certainly doesn't offset military veterans medically retired before 20 years of active duty service and CRSC. He was misdiagnosed, well, welcome to the club along with the rest of the burn pits, Al Qaeda CBRN and prior CBRN contaminated warfare sites veterans. This bill will need amended to protect us all, not just favor to say retirees, its got to protect all of us who were exposed, even going back and having our records corrected and given proper benefits. To me, the problem is, the gov't still doesn't want to admit the burn pit and CBRN problems this far along and all this bill will due is create a new formula where everyone will get screwed, they should've though about that as an addenda to prevent a black-hole into the bill.
 

oddpedestrian

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@RonG

So I am correct that I fall under the 42k retirees which is surprisingly low but I don't know how the calculation works here. Is it the percentage calculation that's usually higher than the longevity portion calculation or total DoD pay calculated under the retirees mypay statement that's currently waived?

@GUNS'N'STUFF

You never answer me when I ask you if you have ever taken the burn pit exam or not if not the next step would be to get a chest x-ray if you haven't done this I would request one from your PCM ASAP. Right now there is no presumptive list of disabilities the VBA has came up with for those that were exposed to burn pits. Currently, the focus is getting anything related to pulmonology diagnosed, treated and rated.
 

RonG

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@RonG

So I am correct that I fall under the 42k retirees which is surprisingly low but I don't know how the calculation works here. Is it the percentage calculation that's usually higher than the longevity portion calculation or total DoD pay calculated under the retirees mypay statement that's currently waived?
Oddpedestrian,

RE: "Remaining to be approved are those who are 40% disabled and below, and those who were unable to complete 20 years of service due to service-connected injuries or illness. There are approximately 210,000 of these individuals, known as Chapter 61 retirees. Some retirees who suffered from injuries incurred in combat are eligible for Combat Related Special Compensation (CRSC) which mitigates to varying degrees some loss in pay due to the offset. There are approximately 42,000 of these individuals. Military and Veterans Service Organizations have long argued that retired pay and VA service connected disability compensation are fundamentally different benefits, granted for different reasons."

My interpretation of how the change in law would affect you and 42K other retirees is that as a CH 61 retiree with less than 20 years and also having a VA rating of less than 50% you would be eligible to receive CRDP. It would not have the old 50% VA comp requirement AND would not have a longevity limitation. In other words, you would receive all your retired pay and all your VA compensation.

The reason I posted the letter is due to the lack of summary on the .gov website and it was difficult to precisely marry the changes with the current law when I printed both. I got lost in the sections/subsections/ etc.

Ron
 

hmv88

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Im receiving both CRSC and VA at this time with over 22 years of service. Guard and Active Duty. My active duty time is over 13 years of service.
 

RonG

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Im receiving both CRSC and VA at this time with over 22 years of service. Guard and Active Duty. My active duty time is over 13 years of service.
I don't see a question, but if you have 20 good years and have meet the age requirement for reserve retirement, you would be eligible for CRDP now.

It appears
that IF the proposed law is passed, everyone who is retired will receive all their military retired pay and VA comp, unless they choose CRSC as it exists.

Ron
 

tony292

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I think they at least need to start by treating those with over 15 years the same as TERA retirees. My year group of Army officers faced a separation board, those who were selected and beyond got TERA, I had 17.5 years in and got CH61. Had I failed a PT test, got a dui, or bad OERS, I’d have been selected for TERA and I’d be making 1500 more per month!!!
 

GUNS'N'STUFF

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@RonG

So I am correct that I fall under the 42k retirees which is surprisingly low but I don't know how the calculation works here. Is it the percentage calculation that's usually higher than the longevity portion calculation or total DoD pay calculated under the retirees mypay statement that's currently waived?

@GUNS'N'STUFF

You never answer me when I ask you if you have ever taken the burn pit exam or not if not the next step would be to get a chest x-ray if you haven't done this I would request one from your PCM ASAP. Right now there is no presumptive list of disabilities the VBA has came up with for those that were exposed to burn pits. Currently, the focus is getting anything related to pulmonology diagnosed, treated and rated.
Hello, I filled all the documentation long ago, the VA seems to ignore me with this along with other veterans such as to the CBRN exposures. When I tell you the VA ignores these concerns, I can't tell you how many times I've asked for a complete exam and they just simply ignore doing this altogether. Heck, I just fought over a year for an admin appeal for a Gulf War exam (corrections) and after the VA General Council demanded a certain facility take action on my request (I reached out to them), that hospital took action alright, they got in touch with me, said it was decided and mailed out, I asked when t was mailed out, tracking number, two-weeks have past since, etc. complete silence from them now and NOBODY cares. This is pretty much the envelope of burn pit sin my opinion. All of us burn pit and CBRN exposures need to stick together.
 

GUNS'N'STUFF

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@RonG

So I am correct that I fall under the 42k retirees which is surprisingly low but I don't know how the calculation works here. Is it the percentage calculation that's usually higher than the longevity portion calculation or total DoD pay calculated under the retirees mypay statement that's currently waived?

@GUNS'N'STUFF

You never answer me when I ask you if you have ever taken the burn pit exam or not if not the next step would be to get a chest x-ray if you haven't done this I would request one from your PCM ASAP. Right now there is no presumptive list of disabilities the VBA has came up with for those that were exposed to burn pits. Currently, the focus is getting anything related to pulmonology diagnosed, treated and rated.
I'd also add that I'm 100 P&T VA, but that's not the concern here, for me its the principle of getting my records corrected, all that I went through was (geez if my story were to go online with all my evidence) your talking massive scandals, all my health problems, not sure how long I have left (I often worry if I am going to wake-up tomorrow) and there's too many people out there once they reach 100% they just don't care anymore and feel its too risky going further (this is a weak mind/conditioned mentality bc its not suitable in today's environment) and the problem with that is that's exactly the band-aid approach and not keeping up and going after injuries, injustices, say the burn pits cause pulmonary failure to a good chunk of those in the next several years -- there's nothing for anybody to catalog and help support for passage of bills. People need to be on the ball with this.
 

oddpedestrian

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@tony292

If you read the concurrent receipt report that @RonG posted you can see why their is a lot more support for this bill CRSC has very little growth year to year and only a slightly higher cost where CRDP has about an average of 400K qualifying year to year and thats only 20 year retirees. Especially with the current economy I see this bill having the best chance to pass.
 

tony292

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@tony292

If you read the concurrent receipt report that @RonG posted you can see why their is a lot more support for this bill CRSC has very little growth year to year and only a slightly higher cost where CRDP has about an average of 400K qualifying year to year and thats only 20 year retirees. Especially with the current economy I see this bill having the best chance to pass.

I just wish I could go back in time and get a dui... I’d be 1500 per month, 15k per month ahead right now!!
 

jloss

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Before you get confused reading the text below the bill has already passed the Senate whether or not the house strips it out Monday is still a possibility but this is the farthest it has ever got before. Here are the key numbers Concurrent Receipt for Ch 61 retirees its based on 2.5% x TIS x retired base pay. It starts this October for 100% and IU retirees and implements yearly from there based on your total VA percentage. So this year only 100% disabled vets get it October 2019 90% disabled vets October 2020 80% disabled vets October 2021 70% disabled vets and etc.

SA 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:

At the end of subtitle C of title VI, add the following:

SEC. 622. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

(a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).
(b) Clerical Amendments.--
(1) The heading of section 1414 of such title is amended to read as follows:

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

(2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:

``1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.''.

(c) Effective Date.--The amendments made by this section shall take effect on January 1, 2019, and shall apply to payments for months beginning on or after that date.

SEC. 623. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.

(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of title 10, United States Code, as amended by section 622(a),is further amended--
(A) by striking ``a member or'' and all that follows through ``retiree')'' and inserting ``a qualified retiree''; and
(B) by adding at the end the following new paragraph:
``(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who--
``(A) is entitled to retired pay (other than by reason section 12731b of this title); and
``(B) is also entitled for that month to veterans' disability compensation.''.
(2) Disability retirees.--Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:
``(2) Special rule for retirees with fewer than 20 years of service.--The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of--
``(A) the amount of the reduction under sections 5304 and 5305 of title 38; or
``(B) the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to 2\1/2\ percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.''.
(b) Effective Date.--The amendments made by this section shall take effect on January 1, 2019, and shall apply to payments for months beginning on or after that date.
______
[[Page S3312]]
SA 2395. 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:

At the end of subtitle C of title VI, add the following:

SEC. 622. STANDARDIZATION OF APPLICABILITY OF SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES IN CONNECTION WITH CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION.

(a) In General.--Paragraph (2) of section 1414(b) of title
10, United States Code, is amended to read as follows:
``(2) Disability retirees with less than 20 years of
service.--
``(A) In general.--Subject to subparagraph (B), the retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of--
``(i) the amount of the reduction under sections 5304 and 5305 of title 38; or
``(ii) the amount (if any) by which the amount of the member's retired pay under such chapter exceeds the amount equal to the retired pay percentage (determined for the member under section 1409(b) of this title) of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
``(B) Phased-in applicability.--Subparagraph (A) shall apply to qualified retirees as follows:
``(i) In the case of qualified retirees with a disability rated as 100 percent, or who are compensated at an equivalent rate due to individual unemployability, for months beginning on or after October 1, 2018.
``(ii) In the case of qualified retirees with a disability rated at least 90 percent but less than 100 percent, for months beginning on or after October 1, 2019.
``(iii) In the case of qualified retirees with a disability rated at least 80 percent but less than 90 percent, for months beginning on or after October 1, 2020.
``(iv) In the case of qualified retirees with a disability rated at least 70 percent but less than 80 percent, for months beginning on or after October 1, 2021.
``(v) In the case of qualified retirees with a disability rated at least 60 percent but less than 70 percent, for months beginning on or after October 1, 2022.
``(vi) In the case of qualified retirees with a disability rated at least 50 percent but less than 60 percent, for months beginning on or after October 1, 2023.''.
(b) Effective Date.--The amendment made by subsection (a) shall take effect on October 1, 2018.
So, if I am looking at the right info, HR5515 became law 8/13/2018. Is this now in effect or was it removed from the bill?
 

RonG

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So, if I am looking at the right info, HR5515 became law 8/13/2018. Is this now in effect or was it removed from the bill?
A law that allows for the concurrent payment of retired pay and VA compensation (CRDP) to those with less than 20 years active duty (or equivalent for RC members) does not exist at this time, except for TERA retirees. CRSC continues to be available for those eligible.

Currently...
H.R.5995 - Major Richard Star Act116th Congress (2019-2020) | Get alerts
BILL

Hide Overview
Sponsor:Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 02/27/2020)
Committees:House - Armed Services; Veterans' Affairs
Latest Action:House - 03/09/2020 Referred to the Subcommittee on Disability Assistance and Memorial Affairs. (All Actions)
Tracker:
This bill has the status Introduced
Here are the steps for Status of Legislation:
  1. Introduced [that is all at this time]



Ron
 

GUNS'N'STUFF

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A law that allows for the concurrent payment of retired pay and VA compensation (CRDP) to those with less than 20 years active duty (or equivalent for RC members) does not exist at this time, except for TERA retirees. CRSC continues to be available for those eligible.

Currently...
H.R.5995 - Major Richard Star Act116th Congress (2019-2020) | Get alerts
BILL

Hide Overview
Sponsor:Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 02/27/2020)
Committees:House - Armed Services; Veterans' Affairs
Latest Action:House - 03/09/2020 Referred to the Subcommittee on Disability Assistance and Memorial Affairs. (All Actions)
Tracker:
This bill has the status Introduced
Here are the steps for Status of Legislation:
  1. Introduced [that is all at this time]



Ron
I received an email from a Senator just a few weeks back who signed off cosponsoring this bipartisan bill for S. 3393, the Major Richard Star Act after reviewing my story. I am not eligible yet (for anything), hopefully in the near future. I feel this bill will allow a great amount of veterans like myself who suffer chronic conditions and who've had continued loss of income and employment from their wounds incurred in service over the years. This will help offset for many where VA benefits are just not enough in today's world, especially those having a family. That Concurrent Retirement and Disability Pay (CRDP) is Only eligible to those who served 20 or more years. How this 20 year number ever came about is a magic trick.
 

RonG

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Re: "How this 20 year number ever came about is a magic trick."

I agree.

I suspect it was money-driven.

If one reviews how CRDP was phased-in, they will see evidence of other funding considerations that make little sense.

"The FY2004 NDAA authorized, for the first time, actual concurrent receipt for retirees with at least a 50% disability, regardless of the cause of disability. However, the amount of concurrent receipt was to be phased in over a 10-year period, from 2004 to 2013, except for 100% disabled retirees, who became entitled to immediate concurrent receipt effective January 1, 2005. Depending on the degree of disability, the initial amount of retired pay that the retiree could have restored would vary from $100 to $750 per month, or the actual amount of the offset, whichever was less."

History of concurrent receipt: https://fas.org/sgp/crs/misc/R40589.pdf <---LINK

Ron
 
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