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