CVN-71

Chapter 61 Military Retired and Disability Pay

Concurrent Receipt in 2012?

Concurrent Receipt is not dead! UPDATE: On January 18, 2011, Congressman Gus Bilirakis (FL-R), introduced H.R.303, the “Retired Pay Restoration Act”, to amend Title 10, United States Code, to permit additional retired members of the Armed Forces who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation and to eliminate the phase-in period under current law with respect to such concurrent receipt. If adopted, the combined benefit would be effective January 1, 2012. For full information about the bill and the the current text – go here. [Once again, it stalled]

Last year, in his budget, President Obama proposed “to expand concurrent receipt of military retired pay and Veterans Disability Compensation to all retirees receiving disability retired pay.” We tracked the progress of the Retired Pay Restoration Act of 2009 closely, and we were disappointed when we found the bill failed, even with overwhelming support, because, from what it boiled down too, the bill did not meet the “PAYGO” rules.

This year, a similar proposal is in the 2011 budget – but, unlike last year, the verbiage actually states, “The 2011 Budget also includes the additional funding required to expand this program to include military members retired under the disability rules codified in Chapter 61 of Title 10 of the United States Code.”, “Legislative proposal, not subject to PAYGO.”

Are all the bases covered this time?

Excerpt from the 2011 budget proposal;

The 2011 payment to the Military Retirement Fund includes funds for the amortization of the unfunded liability for all retirement benefits earned by military personnel for service prior to 1985. The amortization schedule for the unfunded liability is determined by the Department of Defense Retirement Board of Actuaries. Included in the unfunded liability are the consolidated requirements of the military departments to cover retired officers and enlisted personnel of the Army, Navy, Marine Corps, and Air Force; retainer pay of enlisted personnel of the Fleet Reserve of the Navy and Marine Corps; and survivors’ benefits.
The 2004 National Defense Authorization Act (P.L. 108–136) created additional benefits for certain retirees who receive disability compensation from the Department of Veterans Affairs and moved the responsibility for payments under the Combat Related Special Compensation program to the Military Retirement Fund.Any additional funding requirements for retirees with service prior to 1985 will be included in this payment. The 2011 Budget also includes the additional funding required to expand this program to include military members retired under the disability rules codified in Chapter 61 of Title 10 of the United States Code.

PAYMENT TO MILITARY RETIREMENT FUND
(Legislative proposal, not subject to PAYGO)
Program and Financing (in millions of dollars)

Download the rest of the document in PDF format (HERE)

An update published in the Army Times:

Plan would boost pay for Chapter 61 retirees

By Rick Maze – Staff writer
Posted : Friday May 21, 2010 14:55:24 EDT

House Democratic leaders unveiled a plan late Thursday to provide a temporary increase in retired pay for about 30,000 people whose military careers were cut short by severe service-connected disabilities.

For 22 months — from Jan. 1, 2011, until Sept. 30, 2012 — people with fewer than 20 years of service who are receiving military disability retired pay for service-connected disabilities rated by the Veterans Affairs Department at 100 percent would be allowed to receive full veterans’ disability and military retired pay.

Also eligible would be people who are formally rated as 90 percent disabled but are considered fully disabled because their injuries prevent them from holding a job.

For nine months — from Jan. 1, 2012, until Sept. 30, 2012 — the right to receive full veterans disability compensation and military disability retired pay would be extended to those with fewer than 20 years of service who have disabilities rated at 70 percent or greater.

On Oct. 1, 2012, payments would cease to these so-called Chapter 61 retirees, named for the section of law that covers military disability retirement.

Chapter 61 retirees with more than 20 years of service who are covered by existing law regarding concurrent receipt of military and benefits would not be affected by the change.

How much additional money would be received would depend on several factors, including an individual’s rank and years of service when medically retired and how much the Veterans Affairs Department is paying that person in disability, said Michael Hayden of the Military Officers Association of America.

For example, a medically retired E-7 with 16 years of service with a disability rated at 100 percent would see about $1,500 more a month. A 100 percent disabled O-4 with 16 years of service who is receiving disability retired pay would see about $2,700 more, Hayden said.

The additional payments would be provided through Concurrent Retirement and Disability Payments, one of the Pentagon’s two concurrent receipt programs. CRDP is already provided to many other disabled retirees but is not available to Chapter 61 military disability retirees with fewer than 20 years of service.

About 12,000 of the military disability retirees would be covered by the Jan. 1, 2011, change and another 20,000 by the Jan. 1, 2012 change.

The temporary benefits are included in HR 4213, the American Jobs and Closing Tax Loopholes Act of 2010, which Congress will try to pass before its Memorial Day recess. Concurrent receipt of retiree and veterans benefits is one of several “sweeteners” added to the bill in an effort to get enough votes for passage, but it is still unclear if there will be enough support.

One of the big issues facing the measure is that it contains more than $100 billion in spending, offset by only about $44 billion in government cost reductions through changes in tax law. That makes a vote for the bill difficult for lawmakers opposed to deficit spending.

Total cost of the Chapter 61 concurrent receipt provisions are estimated at $686 million.

The decision to add military disability retirement benefits to the tax extender bill comes after the House Armed Services Committee was unable to include an Obama administration request to help Chapter 61 retirees in the $760 billion defense authorization bill that the committee passed on Wednesday because of budget limitations.

The White House proposal, submitted to Congress in February, called for a permanent change in law that would have completely phased out over five years the offset in military retired pay required of those who also receive veterans’ disability pay. In addition to Chapter 61 retirees, other retirees with service-connected disabilities that are low-rated and not considered the result of combat or combat-related training also are still subject to the offset.

Rick Jones of the National Association for Uniformed Services said the proposal for temporary benefits falls far short of that the Obama administration promised, but added, “We welcome forward movement.”

Still, he said, some severely disabled veterans who will be helped by temporary benefits “are not going to feel very comfortable about the situation because of the expiration date on the provision,” Jones said.

Jones said he would also like the concurrent receipt provisions to be attached to a less controversial bill.

“It is, of course, progress, and incremental progress is what we are looking for,” said MOAA’s Hayden.


Read Comments (82)

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82 Responses to “Concurrent Receipt in 2012?”


  1. John Croce says:

    I have a question about social security, I seem to remember someone saying something about being able to receive SS benefits when I was being processed out of the Navy. I’ve received a 100 percent disability rating from the Navy after 13 years. I’m struggling with bills/finding work. Am I allowed to receive SS benefits? I’m 38, so I’m a little ways off from retirement age, however, don’t they have a category for disabled folks? I just wanted to ask before starting the process, it looks kinda lengthy and if I can’t get it or won’t qualify then I’d rather not waste their or my time. Thank you.

  2. Debbie says:

    This is for John Croce. I think you should go ahead and start the process for obtaining social security disability. If you don’t try to get it, it is 100% certain you will not get it. However, in my opinion, you will probably have to hire an attorney who deals with social security disability. Check out attorneys and their fees if you are turned down by SSA: or, maybe you would prefer to check one out before you tackle SSA on your own. This is just my opinion as I am not an attorney. Hope it helps.

  3. stanley says:

    I am a chapter 61 retirement with award of 60% off active duty. My retirement is $3200.00 a month. I applied for and was awarded 100% permenent VA disability. I was awarded $2823.00 per month but they subtract 3200.00 – 2823.00 leaving me 380.00 retirement. I applied for CRSC and was awarded 90% combat related and I get 823.00 a month. Because of my injuries my retirement was tax free so when they gave me the 2823.00 I didn’t gain anything. I served 38 yrs in the National Guard I have my 20 yr letter with the guard and a total of 7740 point for retirement. I was AGR when I was medically discharged with 18yrs 3 mo. service. My DD 214 shows me chapter 61 retired permenent disability.I was told that they couldn’t take my retirement away with the VA waiver is this true. thanks for any help

  4. Victor L. Evans says:

    What ever happend to CDRP for 100% disabled veterans which was authorized in the President signing the Bill HR 4213, Job loop hole and recovery and unemployment extension bill? It supposedly authorized 90% thru 100% veterans with less than twenty years service CDRP effective 1 January 2011, with 70% 80% authorized 1 January 2012. It was funded for two years. What ever happened to it?

  5. NCCM(ret) says:

    Victor,

    I just read HR 4213 and it makes no reference to concurrent receipt. http://www.govtrack.us/congress/billtext.xpd?bill=h111-4213

  6. Fred says:

    It’s probably a good bet that concurrent receipt isn’t going to see the light of day again this year. H.R. 1979 is the latest attempt by a politician to feel good about himself and offer yet another carrot for us to chase. I often wonder how many votes these idiots think they’ll get for keeping this issue alive? You gotta love those politicians.

  7. John says:

    Ive said this before,,, its not going to happen,, we need to get off this kick of “oh Im 20 years in service” idea,, we are all Retired Military we should be treated Equally,, its these Service Org that are screwing us up

  8. [...] Two: Eliminate all issues with concurrent receipt [...]

  9. John says:

    Change Two: “All Members and Retired” if you read how that is defined it Don’t included Chap 61, less then 20 years,,
    I’ll Believe it when when is Reads what the Def of the word “Member and Retired is and that Chap 61 with less than 20 years is Removed and replaced with a new Def of the Word “Retired” not this chap 61 junk. when all members and Retired means “ALL MEMBERS”

  10. NCCM(ret) says:

    Those who are medically retired before 20 years of service still earned retirement, but I will add Chapter 61 to be more clear.

  11. John says:

    Im sorry you’re wrong with that statement “Those who are medically retired before 20 years of service still earned retirement” Chap 61 less than 20 years don’t “Earn” any retirement from any source thats why they call it chap 61 retirees. where did you get the idea that chap 61 retirees Earn anything. can you please cite the rule or regulation,,, Oh people over 20 years, man they got theirs, oh yeah ,, but not chap 61.
    I don’t buy into this “we’re over 20 years junk. the issue of “Concurrent receipt” should ONLY be about Chap 61 less than 20 years because over 20 years service retirees already got theirs , need I list what they got

  12. NCCM(ret) says:

    John,

    I have been consistent in saying that Chapter 61 should also receive a retirement pension – in the Austerity post, I say everyone who is retired should get both.

    You think those who have over 20 should not, well, I don’t agree with that whatsoever. Each is separate (retired and disability pay) and should not be played against the other – it would be like saying those that draw military retired pay should not draw social security when both have been fully vested in by the member.

  13. Fred says:

    This continuing confusing commentary of retirement, concurrent receipt and chapter 61 could be made simple if it was referred to as pensions based on years served and receipt of CRDP or CRSC. Both groups are RETIRED and receive a PENSION, who cares if it was for 20 years or a disability, fight that battle drinking beer and telling war stories. We have to stand together as a group and change the law to concurrently receive a pension and VA disability compensation, “CONCURRENT RECEIPT”.

  14. Mike says:

    I was Med Retired in Feb 2011, I have been a SS recipient since June 2010 while in WTU. I was retired at 80% Perm with 8yrs from DOD 100% from VA as of this Morning. Being Friday cant see anything till monday tuesday when i recieve my Brown Envelope. Will i recieve this Concurrent or is it still just a recommendation? Thank you.

  15. Fred says:

    Mike,

    If the 80% or any part of the 80% is combat related, that part should qualify for CRSC. You have to apply for that through your branch of service. If you read through all of the 64 questions and answers in this section you will get a good leason about Concurrent Receipt and how it’s supposed to work. Will it ever happen, probably not in my lifetime, maybe in your’s.

    Research everything you’re told, find the answer then ask the question, when dealing with the VA or any other Government agency, if you don’t know the answer you can’t ask the question. Sad fact but true.

    Welcome home keep the faith and ask those question…….

  16. Herb says:

    I have 17 plus active years and active Reserve time totalling 21 years plus. Where would I fit in the Sceme or Whole picture?

    Thanks!

    Herb
    SFC US Army, Retired

  17. Rette says:

    1. I am a retired veteran with 27 years of Meritorious Service. I was rated from the VA with eight disabling service connection. However, I only draw compensation for three of them. Before I retired concurrent receipt for veterans, less than 50% would be retroactive in year 2010. Then it was year 2012, 2014 and now I am hearing it want be until year 2015 before this bill is presented for budgeting. My question is why budgeting have does be the sacrifice of active military and veterans. If veterans retire or not, and work at an organization in corporate America they are not penalize from that company because they have retired from the service. A veteran who has retired are basically paying themselves to be disabled, even though it is offset by CRDP or CRSC if the veteran qualifies. Keep in mind that not all disabilities are combat related and therefore is not payable through CRDP or CRSC. In addition to veterans paying themselves to be disabled, we are told when this bill was presented a few years ago, to contact your Congressman or Senator. Well, I did both and found that my Congressman neither supported the bill in 2010 or any other time. He has never supported anything conducive to the Armed Services unless it benefited the majority in DC or favorite party. This is not hearsay it is factual. You can find most of what your Congressman or Senator vote for on line by visiting their website or read Military Officer Magazine. I believe there is not enough veterans petitioning to get and uphold their benefits. They do not want to make wave…and for the veteran who is drawing 10% for an agent orange related disease I would suggest you visit your Veteran Service Organization and quickly. Any veteran who has Agent Orange related illnesses should be more than 10% disabling, this holds true for OIF/OEF and desert storm recipients. Get to your VA service office, have the facts. Do not go blind-sided; make sure you know what you are talking about through research. On the lighter side, veterans who are less than 50% disabling and is paying themselves from their retirement should petition with signatures from all states and present this through your local charters: Veterans of Foreign Wars, American Legions, Vietnam Veterans of American, and American Veterans. Maybe these organizations will get something done about this concurrent receipt. No organization in corporate America have their retiree to pay themselves to be disabled and most never had boots on the ground or raise the right hand – voluntarily. Therefore, I say to all do what is right, not what is best!
    Comment by Rette — August 31, 2011 @ 10:26 pm

  18. Ed says:

    There has been no info. on this issue for some time. Has it been scraped from the DOD and VA budget for 2012? What happened to the fiscal budget any way? I think our military in all the branches have kissed up the the congress, house and the president. Just like before the V.N. war this countries defence was down to the raw bone. That in it’s self should ring a bell for the Joint Chiefs of Staff. Dont weaken the military no matter what the situation and be cought off guard. The Admerals and generals were young officers when we were the object of that disgracefull and humiliating pull out. The troops were the ones that had to suffer for Kissingers bundoggle
    and still are 40 some years later.
    Concurrent pay should not be based only if your became disabled and medicaly retires in a none combat theater. WE had no choice where we would be deployed. You go to where your needed. If you are considered not eligable to serve it shouldent matter where you were disabled. If this was a civilian matter your boss would be reported to the National Labor Relations Board and maid to reinburse the misstreated employees for back pay and fined by the United States Labor Board. Thats a reminder not to screw up next time. Ed.

  19. Bruce says:

    It would just be nice to have all this in regular spoken words and not in the VA/DOD Wording, or Math. I am approved for CRSC but I get no benefit for it, which to me makes no sense since how can I approved for something and not get it. I know its the math or adding the ratings and the different ammounts of this and that.

    Anyone tell me what to sign, where to show up, or what to do to help get this to be fair for all I will be there, or be involved.

    Medically retired 10 years active, CRSC approved, but I only get my VA SC Amount. We all should get what we have earned by service, SC or combat related! Bruce

  20. Fred says:

    Until we get more Veterans into political positions on the floor of Congress we will continue to be at the mercy of the carpet baggers. Stop the grumble it’s time to rumble. Get involved in the political process, encourage veterans to run for political office. I read today that only 22% of the members of both houses of Congress are veterans. If we’re not represented by those making the rules we can’t expect to be protected. You can sing the poor me song all day or you can say enough of getting my 6 kicked, I’ll kick back with emails, phone calls, town meetings, political functions, veteran groups, churchs, news papers, radio, TV. Time for boots on the ground, reform the squad, attack those who are attacking us…..VOTE, encourage anyone and everyone you know to vote replace the carpet baggers with true patriots, VETERANS……..If you’re having trouble with the VA or understanding what your rights are contact a Veterans Service Officer they’re trained and know how to work the system, don’t take NO for an answer keep fighting you earned it………….Today is Veterans Day, welcome home my brothers and sisters let them know we’re back run for a political office……

    Fred

  21. Hanford J. White says:

    what is the current status of concurrent pay for Chapter 61 retirees with less than 20 years of service.

  22. William F. Blackburn says:

    The current process is only for retirees that served 20 years or more. I am in the process of being bumped up to 100% by the VA for being a dialysis patient for a service connected disability and I am not going to be receiving my retirement check until Obama gets off his high horse and signs it into law. He said he would take care of us but yet his administration is not budging to help us obtain what is rightfully ours. I retired after 8 years 3 months and 25 days of active service in the Marines. Discharged with a incurable kidney disease which the Military excepts for blame for. I received my retirement checks until the VA took them away. Now I am out of that check and have been since 1989. The VA website says if you have retired with 20 or more years of service or your 100% disabled according to the VA. That OR does not mean me or you, sorry to have to tell you this. Hope it helps.

  23. Keith Fuller says:

    We are not individuals, we are a unit, team, and a chain of power that can do and make anything happen. I for one am not expecting anything other than all of us get what we earned. Do not say I have 20 years or more. Do not feel sorry that you do not have 20 years. We gave our time and lives. We must come together and fight, and we have been trained to fight. It is our government we are the government, the people. So it is time to march on DC and demand what we want and get it. It can only happen if we act. Sending emails to government officials will not work. Our message ends up in the trash. Although it may seem that bailing out loan companies and auto companies is more important, if we speak up and go enforce they then will know that we are important. It is time to stop the madness and take care of ourselves and families. I would love to take my grandson fishing without taking a hand full of pain killers, but I can’t. Are you ready I am? My Story

  24. Keith Fuller says:

    WHY HAS MY COUNTRY DISCARDED ME

    Why has my country discarded me? Why has my government turned its back on me? I gave you my life and then you turned your back on me, and many others like me. I was once young, strong, and determined to protect my country at all costs like my father and my brother before me. I did this with selfless service, and with the highest moral standards. I obeyed the orders given me, and never disobeyed orders; leaving my children and my wife to stay away from home for long periods of time. I gave you my ability to work and support my family. I gave you my mind, my body parts and my ability to feel worth as a human being. So again I ask why?

    My story and many others like me. I was an Infantry Airborne Soldier; I did my time in Korea, and Honduras. I did my road marches of 25, 50, and 100 miles with my time at Ft. Drum and in those other countries. I stayed awake for days on end, and completely satisfied with what I was doing; Always being prepared to defend my country. I then taught young leaders how to become the leaders for tomorrows Army. I did this by 20 hour days and longer. I trained in subzero weather 100 plus degree weather; never once feeling sorry for myself. I knew that I was defending and preparing others to defend this country long after I was gone. I had such an overwhelming belief in my country and in what I was doing I felt that others should know, they too could help defend our great country. I volunteered to go on Recruiting and became one of the best in the country. Spreading the word of how great our country is and why we needed their help to defend this country and our way of life. Supporting our government and the constitution we all hold so close to our hearts. So again I ask why?

    I then started to feel my body fall apart. I had already had 3 surgeries on my ankle and destroyed my great left toe, along with major back problems along with surgeries, shoulder problems, and my hips could not stand to be laid on to sleep. I was only 16 years in and things were going bad, but I never wavered in my duty, I never stopped believing in the cause and still believed in what I was doing and would not stop at any cost. So again I ask why?

    My children now are getting older they do not understand the sacrifices they have to make with my presence never at home. I do not blame them for the thoughts they have. I can only go on with the straights and beliefs I have. I can only try to explain why, why I have to do what I do. Years have passed, and I have a relationship with my son who now is a father and his work takes him away for periods of time and he finally learned why. His two younger sisters now grown still do not know why and I have lost them forever. So again I ask why?

    So you see life is funny, this is just the tip of the iceberg, and a little information on my life but there is more, but to much more to keep going on. I did prescription drugs, drank alcohol, lost my family, and lost my ability to function in life to keep the dream alive; to defend my country against all enemies foreign and domestic. So again I ask why?

    In Conclusion, I spent 19 years 3 months and 20 days in the United States Army and in 2004 you threw me away. Why, Why I ask? That is all I want to know. Why do you treat me and others like me this way? We did not want to leave but you made us leave. Yes you send us to the VA and they take care of us, (I guess). I am looking at more back operations, and ankle fusion after 7 operations. I am 100% Service Connected and on Social Security, this all helps in what I call a life not at all, but the biggest slap in the face is you took away my retirement pay. Don’t tell me it is put into the VA pay and its tax free. I don’t care about tax free. I care about everything you read above and you turned your back on me and took it all away. So again I ask why?

    SFC Keith A. Fuller Former Retired United States Army, you took it away from me and I will never forgive you. Why?
    You can stop this and give back to us the feeling of worth and give us back our Military retirement pay we not only deserve but earned not only with time, but with the lives of loved ones, and our ability to be fulfilled in life.

    Pass Chapter 61 for all that served no matter what the time limit, what is time anyway, we live and then we die. Do not turns your back on us, live up to what you said you would do; take care of those who took care of you, those that scarified everything even there life.

    Thank you Mr. Fuller (Never leave a fallen soldier behind, and you have)

  25. ED says:

    The retired veteran that wrote on Feb. 1, 2012, Today. This may help you. From the Army Times
    the title reads ” Plan would boost pay for Chapter 61″.
    QUOTE: “For 22 month- Jan.1,2012 until Sep.30,2012-People with fewer than 20 years of service who are receiving military retierment pay for service- connected disabitities rated by the Veterans Affairs Department at 100% would be allowed to receive full veteran’s disability and military pay”.

  26. Fred says:

    Question about Ed’s response on Feb.1, 2012, are you referring to a current article from Army Times or is this from the article on March 2010 ? I’m not aware of any current legislation approving anything new.

  27. Ray says:

    How can I find out what my 2011 retired pay was?

  28. NCCM(ret) says:

    Ray,

    Go to your MyPay account at https://mypay.dfas.mil/mypay.aspx

  29. Ruby says:

    I am a retired Army Vet (25 years active service) and have 50% disability, why don’t I receive concurrent receipt?

    [Last name redacted for privacy]

  30. NCCM(Ret) says:

    Ruby,

    That is a good question — I think you should be; have you contacted DFAS? They may have you listed at a lower rating and need to be updated by the VA.

  31. ED says:

    SEnitor Billrackus a Republican from Florida has reintroduced BILL HR 303. It is for disabled retired military personel that also get Veterans Admin. disabilaty pay to be 2 seperate pay items. As it is the D.O.D. retierment money is combined into 1 pay check. You do not get the combination of both payments only what the V.A. considers what your award is worth.
    Senitor Billrackus has been fighting this for the last 14 years. THis is a true friend to retired disabled veterans. The last head count only 72 members of theHouse voted in favor of the Bill to becoma a LAW. 218 members of the House are needed to pass Bill HR 303. Again its a long shot. ED

  32. Craig. says:

    I am a Chap 61 retiree with 17 years 10 months. I have been retired for 20 years and have yet to get my retirement due to “concurrent” laws. I had enlisted for the 20 years but after the first Gulf War they gutted the military anjd because I had my surgury botched, I was “retired” I have been fighting the VA everr since to get my disability rating accurate. I hope that some day the government will realize, or better yet the voting public will realize that we veterans have to pay for our own disaility, while those in Congress get multiple checks….. I salute Senator Billrakis…!

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