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

Provis

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Major Star has passed away Senator Tester has promised to re-introduce the bill. This is more than enough of a reason to get behind this bill.

As I understand it the offset would only apply to vets eligible for CRSC correct? If so would be nice it it expanded it to everyone that was chapter 61. With my wife hitting 19 years this summer and just starting IDES she will probably miss hitting 20 years by only 6-12 months. No clue if any of her conditions would count as combat related even though she has deployed before.
 

oddpedestrian

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@Provis

The reality of the situation is that if you don't have a sick or dying face to your disability cause the chances of it passing are slim. Major Star was dying and it was clearly linked to overseas exposure he put a lot of heart into getting this passed and now hes gone so everyone behind him before are doubling efforts this time around to get the bill signed. Pointing out injustices alone isn't enough to get bills through Congress anymore I don't agree with it but that's how it works for the time being.
 

RonG

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As I understand it the offset would only apply to vets eligible for CRSC correct? If so would be nice it it expanded it to everyone that was chapter 61. With my wife hitting 19 years this summer and just starting IDES she will probably miss hitting 20 years by only 6-12 months. No clue if any of her conditions would count as combat related even though she has deployed before.
Hello,

I firmly believe that CH 61 retirees with less than 20 years AD should qualify for CRDP too.

1. Yes, those who are eligible for CRSC and choose if (if they are also eligible) experience a VA offset. The CRSC replaces some or all of the waived retired pay.

2. With regard to someone receiving CRDP: It is a restoration of waived retired pay. CRDP is retired pay itself and those who receive it will see a comment on page two of their DFAS RAS that shows how much CRDP they are receiving. That amount is included in the GROSS pay on page one. In other words and technically, there is still an offset, but the mechanics are not visible. The first few pages of the linked document that follows, discusses the history of Concurrent Receipt LINK <---- .

3. Those who are not eligible for CRDP due to a VA rating less than 50% and do not quality for CRSC, still have the VA offset, even if they have 20 years AD.

Ron
 

Elementglt

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This is the first I have heard about the proposed bill. After reading not only most of this these post and the bill/bills I must not only say thank you everyone here, but express my hope this gets passed. I will be following this and like many others hope for passage in the near future. Also, I agree with oddpedestrian that with tragedy momentum gets built. Given the new recent members that have joined the fight through cosponsoring, things may be looking up. Keep the faith!

 

RonG

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Yes, passage of the bill is well deserved by those it would benefit. Unfortunately, (in my opinion) most members of Congress are self-serving.

Ron
 

KK30

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Hi All, I am new to this forum and equally thankful for the education received through your valuable inputs, and I believe the Major Richard Star (MRS) Act is a good initiative to be given its due attention.

Though the bill is yet to pass both chambers, I am however confused on how that would affect some Chapter 61 retirees who used their (1) Disability percentage (also referred to as Method A) as opposed to their (2) Years of active service (also referred to as Method B) to determine their retired pay. Also aware of the fact that the multiplier is limited to 75 percent by law.

Case in point - I retired with a total of 11yrs active service (USMC Infantry), and was awarded 100% for both DoD, VA, & CRSC. As we all know, DoD will compute retired pay based on whichever method that is more beneficial for the service member. So 'Method A' was more beneficial to me for obvious reasons (100% service approved percentage multiplied by my High-3). 'Method B' would have given me a service approved percentage of 27.5% (11 x 2.5) and would have equated to a smaller amount($) after being multiplied by my High-3.

At the end of the day, my DoD retired pay was found to be greater than my VA Comp pay (by approximately $1K), and I waved my VA Comp pay for my DoD retired pay. NOTE: my current 'DoD retired pay plus my VA Comp pay' will sum up to a very huge monthly amount which I find that to be too good to be true.

Question - if the current MRS Act is passed, and allowing me to collect both (DoD & VA), will they go back to re-compute my DoD retired pay (achieved solely through my Years of active service (Method B) to determine my applicable retired pay based under the umbrella of CRDP as it's soon to be applicable to CH 61 retirees?
Please advise...

-Thanks.
 

oddpedestrian

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@ngalakevin

Right now the bill text just removes the offset and nothing more so whatever is on your RAS statement is what you are getting. I prefer this version of the bill over any other calculation because it opens up too many problems for the disabled retirees including whether or not it can be taxed by penniless states or stolen in family courts as property division. These are all things that happen with CRDP I expect federal litigation if any longevity calculation is used over a disability one, by just removing the offset your retired pay is protected from taxes, judgements and equitable distribution under the PDRL rule.
 

RonG

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Hello @ngalakevin

Approval of the Act you mentioned would result in you receiving ALL your VA compensation plus the dollar amount of the longevity portion of your retired pay which is per your remarks: 27.5% x average high three = longevity portion of retired pay. NOTE: The CRDP amount discussed here combined with residual retired pay cannot exceed the dollar amount of the longevity portion of retired pay.


Good luck,
Ron
 

RonG

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Ref: VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation
[not applicable to this discussion]

From: M21-1

III.v.5.A.2.c. Using VA Form 21-651 to Obtain an Election or Waiver​

Use VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation From Department of Veterans Affairs (38 U.S.C. 5304(a)-5305), when it is necessary to obtain the Veteran’s or fiduciary’s signature on the election or waiver.



Ron
 
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KK30

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@ngalakevin

Right now the bill text just removes the offset and nothing more so whatever is on your RAS statement is what you are getting. I prefer this version of the bill over any other calculation because it opens up too many problems for the disabled retirees including whether or not it can be taxed by penniless states or stolen in family courts as property division. These are all things that happen with CRDP I expect federal litigation if any longevity calculation is used over a disability one, by just removing the offset your retired pay is protected from taxes, judgements and equitable distribution under the PDRL rule.
Thanks for the explanations. I am still learning this 'foreign language' and I really appreciate your time and concern in the course of this transition.

Having said that, I just glanced at the "PAY ITEM DESCRIPTION" in my RAS and the verbiage looks something like the following:

GROSS PAY: $xx - (greater dollar amount; and this is my overall monthly DoD retired pay which was computed/determine by using Service Disability Percentage because my Length of Service Percentage (27.5% x average high three) was the lesser of the two methods).
VA WAIVER: $xx - (lesser dollar amount and this is the monthly amount VA sends to my bank account; and I also want to believe that this is the portion of the contested "OFFSET").
NET PAY: $xx - (Gross pay - VA Waiver) - this is the smallest monthly amount DFAS sends to my account.

If I understood you correct, approval of this bill removes the offset and I will be able to get my "Gross pay + VA Waiver)? As you have noticed, my confusion hinges on the "retired pay due to longevity" verbiage and how all of that applies to my situation. As I mention before, I was rated at 100% for both DoD/VA/CRSC and I am currently collecting CRSC pay.
I am sorry for the questions but this is not my area of strength:)
~Thanks
 

RonG

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Thanks for the explanations. I am still learning this 'foreign language' and I really appreciate your time and concern in the course of this transition.

Having said that, I just glanced at the "PAY ITEM DESCRIPTION" in my RAS and the verbiage looks something like the following:

GROSS PAY: $xx - (greater dollar amount; and this is my overall monthly DoD retired pay which was computed/determine by using Service Disability Percentage because my Length of Service Percentage (27.5% x average high three) was the lesser of the two methods).
VA WAIVER: $xx - (lesser dollar amount and this is the monthly amount VA sends to my bank account; and I also want to believe that this is the portion of the contested "OFFSET").
NET PAY: $xx - (Gross pay - VA Waiver) - this is the smallest monthly amount DFAS sends to my account.

If I understood you correct, approval of this bill removes the offset and I will be able to get my "Gross pay + VA Waiver)? As you have noticed, my confusion hinges on the "retired pay due to longevity" verbiage and how all of that applies to my situation. As I mention before, I was rated at 100% for both DoD/VA/CRSC and I am currently collecting CRSC pay.
I am sorry for the questions but this is not my area of strength:)
~Thanks
Hello @ngalakevin ,

Your post (above) sent to @oddpedestrian changes everything I sent to you earlier which was based on the information you provided.

1. Evidentially, you Did agree to waive retired pay dollar for dollar in the amount of VA compensation received; otherwise, you would not receive CRSC which replaces some or all of waived retired pay.

2.
You mentioned in your recent post: VA WAIVER: $xx - (lesser dollar amount and this is the monthly amount VA sends to my bank account; and I also want to believe that this is the portion of the contested "OFFSET")" I am a regular retiree with zero DoD disability percentage and receive CRSC instead of CRDP (my choice). All my retired pay is waived since my VA compensation if more than my DoD retired pay. I am rated at 100% for both CRSC and VA comp. I receive the exact amount of my former retired pay as CRSC...which replaces it. I mention this because, the reduction of retired pay that we have discussed, applies to regular retirees too (when one receives elects CRSC), not just CH 61 retirees.

3. I am limited to CRSC (or CRDP) not to exceed the longevity portion of my retired pay (which is 22.75 AD years x 2.5% = 56.87% x the old final pay (predates high three) = retired pay.

4. In cases involving residual retired pay (i.e., retired pay remaining after the reduction of retired pay by the amount of VA compensation) and CRSC, the combination of the two elements cannot exceed the dollar amount of the longevity portion of retired pay. CRDP works in similar fashion, although CRDP is retired pay itself...restored.

5. Neither CRSC or CRDP replaces or restores waived/reduced retired pay that is in excess of the longevity amount. In other words, you will never receive the full amount of your retired pay which was computed at 75% x high three average base pay, even if the law discussed by Oddpedestrian was passed.

Ron
 
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KK30

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Hello @ngalakevin ,

Your post (above) sent to @oddpedestrian changes everything I sent to you earlier which was based on the information you provided.

1. Evidentially, you Did agree to waive retired pay dollar for dollar in the amount of VA compensation received; otherwise, you would not receive CRSC which replaces some or all of waived retired pay.

2.
You mentioned in your recent post: VA WAIVER: $xx - (lesser dollar amount and this is the monthly amount VA sends to my bank account; and I also want to believe that this is the portion of the contested "OFFSET")" I am a regular retiree with zero DoD disability percentage and receive CRSC instead of CRDP (my choice). All my retired pay is waived since my VA compensation if more than my DoD retired pay. I am rated at 100% for both CRSC and VA comp. I receive the exact amount of my former retired pay as CRSC...which replaces it. I mention this because, the reduction of retired pay that we have discussed, applies to regular retirees too (when one receives elects CRSC), not just CH 61 retirees.

3. I am limited to CRSC (or CRDP) not to exceed the longevity portion of my retired pay (which is 22.75 AD years x 2.5% = 56.87% x the old final pay (predates high three) = retired pay.

4. In cases involving residual retired pay (i.e., retired pay remaining after the reduction of retired pay by the amount of VA compensation) and CRSC, the combination of the two elements cannot exceed the dollar amount of the longevity portion of retired pay. CRDP works in similar fashion, although CRDP is retired pay itself...restored.

5. Neither CRSC or CRDP replaces or restores waived/reduced retired pay that is in excess of the longevity amount. In other words, you will never receive the full amount of your retired pay which was computed at 75% x high three average base pay, even if the law discussed by Oddpedestrian was passed.

Ron
WoW! I think I get it now.

Also did some research after reading your last post and from what I get, I don't think this bill (approved or not) would change the pay I currently receive; and if any, it may be for the worse, and here is my thought process:

As stated above, the full amount of my current retired pay which was computed at 75% x high three average base pay would go away under this bill if approved, and I will be left with my VA Comp pay and my retirement pay computed at 2.5 x TIS. Interestingly, when I added my residual retired pay to my current CRSC dollar amount, it summed up to just about the dollar amount of the longevity portion of my retired pay. That seems to suggest that my current CRSC is maxed-out; and if added to my residual retired pay (CRDP?) they will equate to the longevity portion of retired pay

If I am right this far, then it is safe to say this bill will help a lot of ch-61 vets but not me...
Thanks for the lecture Ron,

-Kev
 

RonG

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Hello @ngalakevin .

You said, "Interestingly, when I added my residual retired pay to my current CRSC dollar amount, it summed up to just about the dollar amount of the longevity portion of my retired pay. That seems to suggest that my current CRSC is maxed-out; and if added to my residual retired pay (CRDP?) they will equate to the longevity portion of retired pay"

That is exactly how it works. In accordance with current law, Your residual retired pay plus CRSC cannot exceed the longevity portion of retired pay.

Special Rules for Chapter 61 Disability Retirees: According to law, members retired for disability under Chapter 61 of title 10 United States Code must have the CRSC entitlement limited to an amount that when combined with any military retired pay remaining after offset for VA disability compensation will not exceed the retired pay they would otherwise be entitled to for retirement computed for years of service (i.e., 2 1/2 percent x years of service x pay base/ high three ave base pay).

There are other scenarios, but the info above applies to your case.

Ron
Retired, Army Finance Corps

edited to add:
You said, "As stated above, the full amount of my current retired pay which was computed at 75% x high three average base pay would go away under this bill if approved, and I will be left with my VA Comp pay and my retirement pay computed at 2.5 x TIS." I have not read the proposed law in detail, but I suspect it will much like cases where an individual qualifies for both CH 61 disability retired pay and also longevity retired pay (20 year AD). The 75% multiplier (your example) would be used, but the same limitation we have discussed previously would apply. Note: With CRDP, the computations are for the most part, undetectable on the DFAS RAS. Page two of the DFAS shows the amount of CRDP that is included on page one within the Gross Pay.

Ron
 

Guardguy11

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I just e-mailed all my representatives on this. I did find this wording in the SB that it wouldn't apply to people that don't have a combat disability. I still 100% support it. Just bummed that it doesn't apply to me. At least I don't think it does.


‘‘(A) applies to a member described in 21 paragraph (1) of that subsection who is retired 22 under chapter 61 of this title with less than 20 23 years of service otherwise creditable under 24 chapter 1405 of this title, or with less than 20 25 years of service computed under section 12732 26 of this title, at the time of the member’s retire- 3 ARM21047 F3S S.L.C. 1 ment if the member has a combat-related dis2 ability (as that term is defined in section 3 1413a(e) of this title), except that in the appli4 cation of subsection (a) to such a member, any 5 reference in that subsection to a qualifying 6 service-connected disability shall be deemed to 7 be a reference to that combat-related disability; 8 but 9 ‘‘(B) does not apply to any member so re10 tired if the member does not have a combat-re11 lated disability.’’.
 

armyaviator

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This bill gets introduced during every congress by Rep. Bishop of GA. Funny enough, it almost gets introduced to the day each time, but has yet to leave the house. It's like his new year's resolution. It changes slightly each time.


The list probably goes on. I applaud the effort but caution everyone to manage their expectations.
 

RonG

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How can I vote for this project?
You can vote for representatives who support the bill. You (nor I) do not get to directly vote for its approval. You can also write you representatives to voice your approval of the pending bill.

Ron
 

oddpedestrian

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@armyaviator

Thats not the same bill this bill is HR 1282 Committees - H.R.1282 - 117th Congress (2021-2022): 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.

HR 333 has very slim chance of succeeding because of costs I attribute the costs to retirees with 10-19 years in since they would be collecting a substantial amount of retired pay over those with five or less. This is bill is cheap since CRSC already allows the retiree to recoup most of their longevity retired pay most will just see modest increases of a few hundred or so, for Major Star it was significant because he was an officer with a lot of time in.
 

tony292

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What I no longer want to hear is how much it will cost. Congress/senate/president recently passed a 1.9 Trillion dollar spending bill... it contained tons of pork... including 86 billion to bail out union pension funds... in fact only 9% of this bill went towards Covid...

They can literally fund anything and everything EXCEPT helping us....
 
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