Can I get FERS retirement AND VA Disability pay?

A

at_a_canter

PEB Forum Regular Member
PEB Forum Veteran
Registered Member
Here is my situation:

90% rated medical retiree from active duty Army in 2015.

I waived DoD retirement for VA retirement. I receive 90% rate from VA, and from DoD I get the difference of $81 and my Combat-related Special Compensation of ~$800.

I am currently a Federal Civilian Service employee working for the Air Force and I am looking to do a military redeposit, or buy my service back to go towards a FERS retirement.

As I understand it, in order to apply my military years to a FERS retirement, I have to wave DoD pay. So I would lose my $81 a month. But would I lose my CRSC pay as well? Can get FERS and VA pay?

Anyone know how I can find this out? I call DFAS and they point me to VA but I can't get a hold via their phone #..
 
Hello @at_a_canter ,

Re: "I waived DoD retirement for VA retirement. I receive 90% rate from VA, and from DoD I get the difference of $81 and my Combat-related Special Compensation of ~$800."

You agreed to waive retired pay dollar for dollar in the amount of VA compensation. As a result and the approval of CRSC, you get the difference of $81 (which is residual retired pay) and Combat-related Special Compensation of ~$800.

In order to receive the residual retired pay and CRSC, you must be eligible to receive DoD retired pay. If you give it up for your FERS retirement, you are no longer entitled to the $81 or the $800 CRSC.

The VA compensation is not impacted by the process discussed above.

I know little about FERS, so others will have to address those issues.

Ron
 
CRSC

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63

30403. Entitled to Retired Pay
A. A member must be entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of VA disability compensation. A reservist who has not reached the requisite age to receive retired pay (generally age 60) is not eligible to receive CRSC payments. See Chapter 1, subparagraph 010308.F, for when the eligibility age of a reservist will be reduced below 60 years of age and become eligible for retired pay.
B. A member who waives retired pay in order to credit military service for the purposes of establishing eligibility for a civil service retirement, or for any reason other than to receive disability compensation from the VA, is not eligible to receive CRSC payments. A member who combines his military time with his civil service time for the sole purpose of enhancing his civil service retirement may be eligible for CRSC if the member is still eligible to receive military retired pay. Members should consult the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) Handbook for Personnel and Payroll Offices for further information on eligibility.

Recommend you request assistance from the Personnel Office and/or Payroll Office of your civilian employer for additional clarification.

Ron
 
RonG said:
CRSC

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63

30403. Entitled to Retired Pay
A. A member must be entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of VA disability compensation. A reservist who has not reached the requisite age to receive retired pay (generally age 60) is not eligible to receive CRSC payments. See Chapter 1, subparagraph 010308.F, for when the eligibility age of a reservist will be reduced below 60 years of age and become eligible for retired pay.
B. A member who waives retired pay in order to credit military service for the purposes of establishing eligibility for a civil service retirement, or for any reason other than to receive disability compensation from the VA, is not eligible to receive CRSC payments. A member who combines his military time with his civil service time for the sole purpose of enhancing his civil service retirement may be eligible for CRSC if the member is still eligible to receive military retired pay. Members should consult the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) Handbook for Personnel and Payroll Offices for further information on eligibility.

Recommend you request assistance from the Personnel Office and/or Payroll Office of your civilian employer for additional clarification.

Ron
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Didn't I already waive my military retirement pay when I chose Va pay?
 
Re: "Didn't I already waive my military retirement pay when I chose Va pay?"

You agreed to waive retired pay in the amount of the VA compensation. Evidently, you have $81 left over as residual retired.

Let me put it this way: You are not going to be able to receive CRSC (which is a replacement for waived retired pay) and then use the same period for which you waived retired pay for civilian retirement credit.

From the applicable laws, in laymen terms.

"A. A member must be entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of VA disability compensation."
"B. A member who waives retired pay in order to credit military service for the purposes of establishing eligibility for a civil service retirement, or for any reason other than to receive disability compensation from the VA, is not eligible to receive CRSC payments."

As previously stated, recommend you request assistance from the Personnel Office and/or Payroll Office of your civilian employer for additional clarification. Please report what they tell you. I've never worked for the federal government as a civilian so I am not familiar with all the FERS regulations, etc.

Good luck,
Ron
 
What if his medical disability was combat-related? From what I read, you don't have to waive your dod pay in order to apply it to the fers retirement. All you have to do is pay the deposit. This only applies if the PEB determined that the medical retirement was combat-related.
 
All active duty when retirement was based on a disability received as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined in 38 U.S.C. 101 and 1101. "Period of war" includes World War II, the Korean conflict, Vietnam era, the Persian Gulf War, or the period beginning on the date of any future declaration of war by the Congress and ending on the date prescribed by Presidential proclamation or concurrent resolution of the Congress.

It is still the Persian Gulf War per Congress never establishing an end date from the 1990's Gulf War if anyone asks.

It says something to this effect in Section V of your DA 199 if your conditions are combat-related, it will also state it on your retirement orders:

The disability disposition is based on disease or injury incurred in the line of duty in combat with an enemy of the United States and as a direct result of armed conflict or caused by an instrumentality of war and incurred in the line of duty during a period of war (5 USC 8332, 3502, and 6303). (This determination is made for all compensable cases but pertains to potential benefits for disability retirees employed under Federal Civil Service.)

The hardest part is getting the civilian HR people to actually read and understand that you qualify for this, it might take some extra work on your part. Your orders should be good enough to get the credit so you don't have to disclose your 199 to anyone.
 
essexr said:
What if his medical disability was combat-related? From what I read, you don't have to waive your dod pay in order to apply it to the fers retirement. All you have to do is pay the deposit. This only applies if the PEB determined that the medical retirement was combat-related.
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Speaking only about receipt of retired pay and VA compensation, when not qualified for CRDP:
--One must waive retired pay dollar for dollar in the amount of VA compensation received. OR decline to receive VA compensation (which is not a good decision in my opinion).
--The retiree mentioned the previous two sentences could receive CRSC if qualified and approved.

The combat related for medical disability and its association with FERS is interesting, albeit I have no expertise in that area.

The requirements for FERS inclusion of time spent in the military would best be answered by someone who has experienced it PLUS the professionals I spoke of earlier.
The two bullets in the first part of this reply are in accordance with current law.

Have you visited a FERS-related website and asked your questions?

Edited to add: I just noticed I replied to someone other than the individual who made the initial post.

Ron
 
If it is combat related determined by the PEB it will state this in the medical retirement orders. I fall into this category and also currently a federal employee. It took about a month for HR to understand the complexities of the OPM rule, but all my military time was included in my leave accrual calculation and when/if I want to do a military deposit on my FERS, I will not lose my DOD retired pay because of the “combat related” clause in the OPM regulations.
 
FmrArmyAvatr said:
If it is combat related determined by the PEB it will state this in the medical retirement orders. I fall into this category and also currently a federal employee. It took about a month for HR to understand the complexities of the OPM rule, but all my military time was included in my leave accrual calculation and when/if I want to do a military deposit on my FERS, I will not lose my DOD retired pay because of the “combat related” clause in the OPM regulations.
Click to expand...
@FmrArmyAvatr ,

Thank you for providing clarity in this matter. Evidently, your situation falls under "B" below which is determined by OPM.

DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 63

30403. Entitled to Retired Pay
A. A member must be entitled to retired pay, notwithstanding that such retired pay may be reduced due to receipt of VA disability compensation. A reservist who has not reached the requisite age to receive retired pay (generally age 60) is not eligible to receive CRSC payments. See Chapter 1, subparagraph 010308.F, for when the eligibility age of a reservist will be reduced below 60 years of age and become eligible for retired pay.
B. A member who waives retired pay in order to credit military service for the purposes of establishing eligibility for a civil service retirement, or for any reason other than to receive disability compensation from the VA, is not eligible to receive CRSC payments. A member who combines his military time with his civil service time for the sole purpose of enhancing his civil service retirement may be eligible for CRSC if the member is still eligible to receive military retired pay. Members should consult the Civil Service Retirement System (CSRS) and Federal Employees Retirement System (FERS) Handbook for Personnel and Payroll Offices for further information on eligibility.

Ron
 
Found this thread @RonG ! Tbh, section B seems contradictory to itself but if unfitting combat related injuries are compulsory to both retaining "retirement pay" and accessing FERS w. Concurrent CRSC, I'll take it.
 
notsomoto said:
Found this thread @RonG ! Tbh, section B seems contradictory to itself but if unfitting combat related injuries are compulsory to both retaining "retirement pay" and accessing FERS w. Concurrent CRSC, I'll take it.
Click to expand...
The official language used to define what is payable and what is not is confusing in the FERS/CRSC discussion/regulations.

If I was considering using military service to increase civil service time, I would attempt to get clarification in writing from DFAS (which pays CRSC) and OPM. I also would like a cited reference.

ADDRESS:
Defense Finance and Accounting Service
U.S. Military Retired Pay
8899 E 56th Street Indianapolis, IN 46249-1200

Ron
 
I tried contacting DFAS through their portal once. It was the least intuitive system I've encountered in my modest years of surfing the web. Getting an answer is like the old 90s commerical where the dude slays the lava monster and suddenly has a set of blues and a blood stripe.
 
notsomoto said:
I tried contacting DFAS through their portal once. It was the least intuitive system I've encountered in my modest years of surfing the web. Getting an answer is like the old 90s commerical where the dude slays the lava monster and suddenly has a set of blues and a blood stripe.
Click to expand...
A letter addressed to Retired Pay might bring better results.

ADDRESS:
Defense Finance and Accounting Service
U.S. Military Retired Pay
8899 E 56th Street Indianapolis, IN 46249-1200

Ron
 
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