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Chapter 61 Military Retired and Disability Pay

Concurrent Receipt in 2012?

Updated: August 17, 2014

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.



84 Responses to “Concurrent Receipt in 2012?”


  1. Ray says:

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

  2. NCCM(ret) says:

    Ray,

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

  3. 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]

  4. 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.

  5. 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

  6. 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…!

  7. Roadz says:

    I’m a disabled military veteran. I served my country honorable, and never was busted or anything like that. I gave 110% to this nation, and in return the government spits in my eye, and just refuses to allow me to have the retired pay I have rightfully earned, because it is less than 20 years. This is not double dipping, and they know it. I’m already messed up for life, so having fun with it would not be in the equation. Many chapter 61 veterans have been reduced to begging for the retired pay that they have also earned, just so they can supplement the shilling percentage ratings that they also get from the V.A.
    I don’t think the Retirement Pay Restoration Act is ever going to pass, because it has been sitting with no action since August of 2015, and it is now April of 2016. Instead of our government and nation being grateful for our keeping them safe, and getting wounded or made mentally ill in the process, we all get spit in the eye, and are told to just stop whining. I GIVE UP, BECAUSE IT IS JUST HOPELESS.

  8. susan [Last name redacted for privacy] says:

    husband wounded in Vietnam choose Veterans Disability back in 1970, because it paid more than Navy Retirement. He got out at 70% combat disabled, and it went to 100% shortly after.
    He was only in the Navy for a year when he was wounded at a E-3 Fireman. Yet spent the next two years in the Naval hospital going through several operations.

    Is he entitled to CRSC, and for how long. I handle his benefits questions as he just gets very confused.

    Thank you

    Susan

  9. NCCM(Ret) says:

    Susan,

    He would have to ask the VA as I don’t know the answer to your question.

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