Why do we have to pay high year tenure pay after 30 years

Bcollins49

Registered Member
#1
Ok question was in USAF ten years 88-98 honorably discharge given 12 grand high year tenure pay, joined reserves the day after became a fed employee full time ART (air reserve Technician) 2 days later. It's now aug of 2018. I'm awaiting my MEB results. VA has already rated me 90%. Got my one year of back pay. Last couple month been getting my 90% VA pay. Why do I have to.pay my high year tenure pay back. I do recall being told I had a reserve commitment and if I did that than I'd be fine in the clear now I'm not sure and no one knows an answer please help!
 

RonG

PEB Forum Veteran
Registered Member
#2
If you qualify for a military retirement...

DoD Financial Management Regulation Volume 7B, Chapter 4

*0409 Recoupment of Separation Pay, Severance Pay, or Readjustment Pay

040901. Members Affected. Service members who received separation pay, severance pay, or readjustment pay under any provision of law based on service in the Armed Forces, and who subsequently qualify under Titles 10 or 14 of the United States Code for retired or retainer pay shall have deducted an amount equal to the total amount of separation pay, severance pay, and readjustment pay without regard to any withholding for taxes. Such deductions will be made from each payment of retired or retainer pay until the total amount recouped is equal to the total amount of separation pay, severance pay, or readjustment pay

Ron
 

Bcollins49

Registered Member
#3
So even if they med retire me I'll have to pay high year tenure or sep pay? Man that pisses me off they should have taken that out when they gave me my vs disability. No one tells us this crap
 

Bcollins49

Registered Member
#4
If they dont give me military retirement but give me medical retirement dues that change anything, dont understand I never would have taken my high year tenure pay had I know I would have to pay them back
 

RonG

PEB Forum Veteran
Registered Member
#5
Ref: “...and who subsequently qualify under Titles 10 or 14 of the United States Code for retired or retainer pay shall have deducted an amount equal to the total amount of separation pay, severance pay, and readjustment pay without regard to any withholding for taxes.”

Titles 10 and 14.

Title 10: https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-61
10 U.S. Code Chapter 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY


Title 14: https://www.law.cornell.edu/uscode/text/14/291
14 U.S. Code § 291 - Voluntary retirement after twenty years’ service


Notes:
A. Military retired pay is divided into three general categories: retired pay for regular service, retired pay for non-regular (reserve/guard) service, and retired pay for physical disability. With the exception of retirement for physical disability and certain temporary authorities for early retirement, a member must be credited with completion of at least 20 years of service in order to be eligible for retired/retainer pay.


B. There are other components of Title 10 and Title 14 that are not shown here.


Recommend you visit with a JAG officer.

Good luck,
Ron
 
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Bcollins49

Registered Member
#6
Did not mean any disrespect I just was paid back va pay four months ago if I had known about the repayment of sep pay I would have sent to back to va, instead I paid off so.e debt
 

RonG

PEB Forum Veteran
Registered Member
#7
Did not mean any disrespect I just was paid back va pay four months ago if I had known about the repayment of sep pay I would have sent to back to va, instead I paid off so.e debt
You asked a perfectly reasonable question. I don’t think you showed disrespect to anyone or any entity.

Highly recommend you visit with the nearest JAG office.

Good luck,
Ron
 

Bcollins49

Registered Member
#10
Ref: “...and who subsequently qualify under Titles 10 or 14 of the United States Code for retired or retainer pay shall have deducted an amount equal to the total amount of separation pay, severance pay, and readjustment pay without regard to any withholding for taxes.”

Titles 10 and 14.

Title 10: https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-61
10 U.S. Code Chapter 61 - RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY


Title 14: https://www.law.cornell.edu/uscode/text/14/291
14 U.S. Code § 291 - Voluntary retirement after twenty years’ service


Notes:
A. Military retired pay is divided into three general categories: retired pay for regular service, retired pay for non-regular (reserve/guard) service, and retired pay for physical disability. With the exception of retirement for physical disability and certain temporary authorities for early retirement, a member must be credited with completion of at least 20 years of service in order to be eligible for retired/retainer pay.


B. There are other components of Title 10 and Title 14 that are not shown here.


Recommend you visit with a JAG officer.

Good luck,
Ron
What would te jag.be able t do.for me.looks like unless i just.get out ill have to pay it back
 

RonG

PEB Forum Veteran
Registered Member
#11
A JAG officer would be helpful if you disagreed with my interpretation of the law.

I should have included “...if you want another opinion.”

Like anyone else, I can make a mistake. Some of these issues are new to me as I retired in 1991. All my service (25 years) was in the Army Finance Corps—pre-DFAS.

Regards,
Ron
 

Bcollins49

Registered Member
#12
Ry hank you. Found out yesterday it will and can t awwwwwwke 3 years for va to start recoupment of sep pay when i got out of active duty. I called DFAS and she says well we dont go back past 5 years! I was going to request a product to see what sep pay i received mind you over 20 years ago. But i think ill just let va do all the work since they want the money from all those years ago.
Thank you for all your help
 
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