CRDP Question

ctbenja1015

ctbenja1015

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When I was placed on the PRDL I began receiving my Retirement pay, however it is offset by my disability pay as I am 100% VA SC and 70% DoD SC. I must choose my SBP election and if, as in my case, I must pay for the SBP out of my own pocket. To qualify for SBP you must be Retired and collecting Retired pay.

10 U.S. Code- Subtitle A- Chapter 61-§ 1215 - Members other than Regulars: applicability of laws: The laws and regulations that entitle any retired member of a regular component of the armed forces to pay, rights, benefits, or privileges extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.

CRDP Eligibility
You must be eligible for retired pay to qualify for CRDP. If you were placed on a disability retirement, but would be eligible for military retired pay in the absence of the disability, you may be entitled to receive CRDP.

Under these rules, you may be entitled to CRDP if…

  • you are a regular retiree with a VA disability rating of 50 percent or greater.
  • you are a reserve retiree with 20 qualifying years of service, who has a VA disability rating of 50 percent or greater and who has reached retirement age. (In most cases the retirement age for reservists is 60, but certain reserve retirees may be eligible before they turn 60. If you are a member of the Ready Reserve, your retirement age can be reduced below age 60 by three months for each 90 days of active service you have performed during a fiscal year.)
  • you are retired under Temporary Early Retirement Act (TERA) and have a VA disability rating of 50 percent or greater.
  • you are a disability retiree who earned entitlement to retired pay under any provision of law other than solely by disability, and you have a VA disability rating of 50 percent or greater. You might become eligible for CRDP at the time you would have become eligible for retired pay.
My Confusion:

Doesn’t CRDP go directly against 10 U.S. Code- Subtitle A- Chapter 61-§ 1215
 
@gsfowler extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.

Basically says Chapter 61 has identical benefits to Active Duty. According to Chapter 61 I receive my retirement upon discharge. If I am not eligible to receive my retirement until age 60, why am I having offset and paying SBP?
 
CRDP says it excludes Chapter 61, however Chapter 61-1215 says they can not do that. Chapter 61 SM should be able to collect CRDP now, not at the Reserve or Guard retirement age of 60.
 
ctbenja1015 said:
@gsfowler extend the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.

Basically says Chapter 61 has identical benefits to Active Duty. According to Chapter 61 I receive my retirement upon discharge. If I am not eligible to receive my retirement until age 60, why am I having offset and paying SBP?
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You do not have to pay SBP, it is you and your families choice to elect or reject it.

SBP is a private insurance which will provide income to you designated beneficiary in the event your life expires.

As a reservist with more than 20 years you have earned your retirement, which cannot be taken away. You cannot collect the retirement until age 60 (or earlier if you have qualifying time per the NDAA of 2008).

Once eligible to collect your reserve retirement, you will be able to collect it concurrently with your VA C&P award if your rating remains greater than 50%.
 
I am already receiving my Retirement that is why I have to pay SBP to DFAS, if I were not receiving my retirement pay, I could not even start RSPB until age 60. Mentioned SBP just to show I am receiving retirement, it is just being offset by my VA compensation because of concurrent receipt.

My question is if we are to be treated equal as Chapter 61-1215 says, we should be able to collect CRDP now, yet they are intentionally leaving Chapter 61 SM out. If you are following 61-1215 they would not be able to exclude us.
 
My retirement date is 06/16/2016 not 7/27/2028. I am already receiving retirement pay, I just can not collect it due to Concurrent Receipt. If 61-1215 says we are suppose to have the same pay, rights, benefits, or privileges to any other member of the armed forces who is not a member of a regular component and who is retired, or to whom retired pay is granted, because of physical disability.

CRDP does not allow for us to get the SAME pay, rights, benefits and privileges we are entitled to.
 
My understanding of it is that they should include everyone receiving retirement pay to get CRDP, or remove 1215 that says we are entitled to the same.
 
Unfortunately that is not the case and a misunderstanding.

Legislation has been presented many times to allow this to happen, it never makes it out of committee.

Things may change now that Harry Reid is retiring.
 
Yeah there are 52 bills in House and Senate VA and Veteran related. Some since 2007.
 
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