Title 32 Technician Medical Retirement Scenarios (Please limit posts to "Technician Medical Retirements")

Chapter 61 has nothing to do with Combat or not. It is if your referred conditions are found a total of 30% unfitting; if the referred conditions are less than 30% you will be separated.

If your referred conditions(and more then 30%) are stable you will go the PRDL rout; if they are unstable you will be placed on TRDL. (military side)
 
justamarty said:
My conditions are service connected for sure, but I don't think I'll qualify for ch 61, as I was in a combat zone, but injuries weren't under hostile fire/actual combat/...I'm over 30percent, so I think I'd still qualify for 60/40. If I read the Ch 61 criteria correct, I don't think I'd qualify for that.
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Being in a combat zone or under fire has nothing to do with a ch 61 retirement. That would only come into play for CRSC. As long as your disabilities occured while on AD then you would qualify. And as far as % goes, you are over 30% for the VA not the DOD. You will be assigned a % from the DOD for all UNFITTING conditions. Just be rated for unfitting conditions. Thats the big difference between VA and DOD. VA rates you as a whole and the DOD will only rate you for what they determine make you unfit to be in the service.
 
justamarty said:
I'm a dual status Title 32 technician. I have 18 years total of Guard service (4000 points total includes both M-Day and Title 10 time.) I have three active duty mobilizations. I started as a tech in 2014, buying back my time to November of 2011, so I'm going on 9 years as a tech. I've reached a point where I'm unlikely to be able to deploy again if the situation arises. As a tech, I'm concerned about my livelihood should I get out on the military side since I'd also lose my tech job. I understand that if I get discharged medically on the military side that I'll be eligible for a technician medical disability retirement (at 40% of my high three, I think). Currently at 60% VA disability. I'm hoping to get a better idea of where things go if I pull the trigger and go the MEB route, which may be in the next 12-24 months.

A few questions I have:

- As a National Guard reservist, I won't be able to access my mil retirement until 60, correct? I have qualifying periods as well, so I could start drawing a little earlier. I'd only draw my VA disability and any tech disability retirement until retirement. Please correct me if I'm wrong on any of this.

-As far as retired pay, how does it work for a reservist when it comes down to the pay amount? Do I simply get my reserved retired pay based on my points and rank, or do I potentially get my % of disability (60%, if the mil side comes to the same % as the VA) even though I'm a reservist? What's the equation for this calculation? I usually take my points divide by 360 to get my years of service and multiply by 2.5, which gives me the percent of my base pay I'll receive. By the looks of it, if I got 60% of my final base pay because that's my disability, it would be the better scenario. I understand that my disability percent may change over the years before retirement, but just want to get an idea.

-With the tech disability retirement, I can be employed without penalty as long as I don't make over 80K for the year....correct?

-I've obviously already done my comp and pen exams (2019). If I go the MEB route, will I have to go through them again?

I'd appreciate any other insight, advice. I was surprised to come across this group. Any questions I ask within my organizations always tend to get guarded or unsure responses.
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Another question. I met a soldier today that just got medically discharged as a technician. He has 20 years of technician service and 27 years of guard service with a deployment or two. He's completed the meb and been discharged on the military side and is awaiting OPM 2 finish is discharge on the tech side. He tells me he's going to get a military retirement immediately and will get the 60/40 TAC retirement. He's rated at 70%. My question is why he's getting the mil side immediately. I didn't think he'd get the military side until he reach 60 or minus qualified time. Does it have anything to do with what his actual conditions or, or does it really come down to VA percent and military disability percent determination? He's 52 years old. He thinks he'll be getting the VA offset.

For my situation, I'm trying to figure out if I would qualify for immediate military medical disability retirement or have to wait. Obviously, that would factor into whether or not I try to stick it out a few more years or not. If I did qualify, I'm sure I could make ends meet with another job outside the military, or possibly get my organization to switch my civilian job to title 5 so I can forego losing my tech position. Again, I don't have 20 years of qualifying service, I have about 11 years of active service and 7 years of M day service totalling 18 years. Not sure if me reaching 20 years for reserve service affects my options.
Hope this makes some sense. I thought I understood everything and then I had a pretty decent exacerbation on my back this past weekend and started thinking again.
 
As long as your UNFITTING conditions are service connected(LOD) to title 10 or AD time and are rated 30% or greater, then you will qualify for an active duty retirement or ch. 61 which pays you as soon as you receive your retirement orders no matter your age. No waiting till your 60 like a traditional guard retirement. Has nothing to do with VA ratings just what the DOD rates your unfitting conditions only and as long as they are connected to any active duty orders.
As for yourself, I cannot say but if the PEB finds you unfit and the disabilities that make you unfit are connected to your deployments then I would say, yes you qualify. And then once your officially retired on the military side then you would of course qualify for the 60/40 DR on the technician side as well and possibly social security disability if it is warranted. Really is situation specific but that's the basics. But like I said before make sure to follow you're pueblos instructions on the military side and your HR department on the tech side because they are the experts. Hope it works out for you.
 
justamarty said:
Another question. I met a soldier today that just got medically discharged as a technician. He has 20 years of technician service and 27 years of guard service with a deployment or two. He's completed the meb and been discharged on the military side and is awaiting OPM 2 finish is discharge on the tech side. He tells me he's going to get a military retirement immediately and will get the 60/40 TAC retirement. He's rated at 70%. My question is why he's getting the mil side immediately. I didn't think he'd get the military side until he reach 60 or minus qualified time. Does it have anything to do with what his actual conditions or, or does it really come down to VA percent and military disability percent determination? He's 52 years old. He thinks he'll be getting the VA offset.
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Sadly this technician will not qualify for a 60/40 retirement. He has already met the requirements for a normal retirement, he will receive a supplement. 52 years old with 20 years as tech hired after 1996, hire date around 2000.
 
jbugg said:
As long as your UNFITTING conditions are service connected(LOD) to title 10 or AD time and are rated 30% or greater, then you will qualify for an active duty retirement or ch. 61 which pays you as soon as you receive your retirement orders no matter your age. No waiting till your 60 like a traditional guard retirement. Has nothing to do with VA ratings just what the DOD rates your unfitting conditions only and as long as they are connected to any active duty orders.
As for yourself, I cannot say but if the PEB finds you unfit and the disabilities that make you unfit are connected to your deployments then I would say, yes you qualify. And then once your officially retired on the military side then you would of course qualify for the 60/40 DR on the technician side as well and possibly social security disability if it is warranted. Really is situation specific but that's the basics. But like I said before make sure to follow you're pueblos instructions on the military side and your HR department on the tech side because they are the experts. Hope it works out for you.
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Thanks. Sounds like it's somewhat of a gamble regarding DoD vs VA disability percentages. I'm 60 percent VA, and have about 11 years of active duty/points. I'll try to hold on a little longer I think bc I don't think I'd want to risk getting a severance at 19 1/2 yrs guard service...I'd much rather get my guard retirement even if it's at 60. I think I'd be over 30 percent DoD, but it may be a gamble. Luckily, I can fully do my tech job, and my M-day limitations really only exist in a deployment scenario, and maybe once we have to do the ACFT. I can't do a dead lift to save my life. Funny thing, I get 270+ on my apft despite my back issues, but the new test doesn't seem like it will be kind to me.
 
This is strait from DFAS on concurrent retirement pay


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
 
I also retired as a Tech, ILARNG in 2015.
Mil - 30yrs AD & Guard w/2 deployments, total points gave me 12 yrs, 50% of E-8 Pay with 12 yrs. Received immediately
Tech - Bought my 4yrs AD a long time ago and it gave me 28 yrs total for the 60/40
VA - 60%
CRSC $140
Mil pay is offset by VA pay until I'm 59

You must apply for SSD and if awarded, your Tech pay will be offset. If possible Save your sick leave if. If I remember correctly 2 yrs sick leave gives you an extra yr of retirement. A few months after you retire from the Tech side OPM will send you a nice booklet showing everything on your retirement and what your pay will be at 62. You can request these every year if you'd like.

I went rounds with the IRS for years and finally won my case. My Tech pay while deducted on each check is not taxable due to a combat related injury incurred while in service. My only question is at the age of 62 my pay will change to a regular annuity, will it then be taxable? I'll find out in 10 yrs.

Note: You need 18 months as a FT Tech in order to qualify for a medical retirement from OPM
 
randy.robinson said:
I also retired as a Tech, ILARNG in 2015.
Mil - 30yrs AD & Guard w/2 deployments, total points gave me 12 yrs, 50% of E-8 Pay with 12 yrs. Received immediately
Tech - Bought my 4yrs AD a long time ago and it gave me 28 yrs total for the 60/40
VA - 60%
CRSC $140
Mil pay is offset by VA pay until I'm 59

You must apply for SSD and if awarded, your Tech pay will be offset. If possible Save your sick leave if. If I remember correctly 2 yrs sick leave gives you an extra yr of retirement. A few months after you retire from the Tech side OPM will send you a nice booklet showing everything on your retirement and what your pay will be at 62. You can request these every year if you'd like.

I went rounds with the IRS for years and finally won my case. My Tech pay while deducted on each check is not taxable due to a combat related injury incurred while in service. My only question is at the age of 62 my pay will change to a regular annuity, will it then be taxable? I'll find out in 10 yrs.

Note: You need 18 months as a FT Tech in order to qualify for a medical retirement from OPM
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Thanks so much for your input. Real world scenarios really help clarify things a little more
 
randy.robinson said:
I went rounds with the IRS for years and finally won my case. My Tech pay while deducted on each check is not taxable due to a combat related injury incurred while in service. My only question is at the age of 62 my pay will change to a regular annuity, will it then be taxable? I'll find out in 10 yrs.
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Part 3

“Disability resulting from military service injuries. If you received tax-exempt benefits from the Department of Veterans Affairs for personal injuries resulting from active service in the U.S. Armed Forces and later receive a CSRS or FERS disability annuity for disability arising from the same injuries, you can't treat the disability annuity pay- ments as tax-exempt income. They are subject to the rules described earlier under Disability Annuity.”

The IRS considers the 60/40 disability as full taxable.


Disability Annuity

“If you retired on disability, the disability annuity you re- ceive from the CSRS or FERS is taxable as wages until you reach minimum retirement age, as explained in this section. However, beginning on the day after you reach minimum retirement age, your payments are treated as a retirement annuity and you can begin to recover the cost of your annuity under the rules discussed earlier in Part II, Rules for Retirees.”

At your MRA you can receive a tax exemption on the portion of your FERS contribution withheld from your pay check, because it was contributed AFTER you paid taxes.

BLUF

Your OPM 60/40 disability retirement is fully taxable, you can elect not to pay taxes but it IS taxable under IRS Publication 721 for 2019.
 
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If a person has 12 years guard time, 5 years fed tech, dual-status, and is medically separated with less than 30%. They are still eligible for the 60/40 but no military right?
 
The following highlighted information should answer your question. It is from a 2019 FERS retirement guide.
 

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justamarty said:
My conditions are service connected for sure, but I don't think I'll qualify for ch 61, as I was in a combat zone, but injuries weren't under hostile fire/actual combat/...I'm over 30percent, so I think I'd still qualify for 60/40. If I read the Ch 61 criteria correct, I don't think I'd qualify for that.
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So nothing about 30%?
 
FERS disability retirements have nothing to do with percentages as related to the DOD. At the top of the second picture is your answer. As long as your disability removes you from your military membership you’ll qualify.

As you have five years of FERS service and not otherwise qualified for a FERS regular retirement you will meet the 60/40 with the information you provided.
 
jbugg said:
As long as your UNFITTING conditions are service connected(LOD) to title 10 or AD time and are rated 30% or greater, then you will qualify for an active duty retirement or ch. 61 which pays you as soon as you receive your retirement orders no matter your age. No waiting till your 60 like a traditional guard retirement. Has nothing to do with VA ratings just what the DOD rates your unfitting conditions only and as long as they are connected to any active duty orders.
As for yourself, I cannot say but if the PEB finds you unfit and the disabilities that make you unfit are connected to your deployments then I would say, yes you qualify. And then once your officially retired on the military side then you would of course qualify for the 60/40 DR on the technician side as well and possibly social security disability if it is warranted. Really is situation specific but that's the basics. But like I said before make sure to follow you're pueblos instructions on the military side and your HR department on the tech side because they are the experts. Hope it works out for you.
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Sorry to hijack this thread but I am going through an Meb and awaiting the IPEB decision. I have over 22 years total military with 15 being AD/AGR. No one has been able to tell me what I will get if I am rated over 30%. I was told I don’t qualify for retirement payment immediately that I would have to wait till I’m 60. Is that true?
 
theunknowntoby said:
Sorry to hijack this thread but I am going through an Meb and awaiting the IPEB decision. I have over 22 years total military with 15 being AD/AGR. No one has been able to tell me what I will get if I am rated over 30%. I was told I don’t qualify for retirement payment immediately that I would have to wait till I’m 60. Is that true?
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I assume your question has nothing to do with FERS retirement and that you are a reservist/NG member.

1. If you are rated at 30% or more by the DoD (not VA) for disability retirement, you will began to receive it immediately.
2. However, it will be reduced by the amount of VA compensation you receive. You get to keep any residual retired pay remaining.
3. CRSC is a program that can replace some of the reduced/waived retired pay. See this LINK for CRSC information. <---

---
If you have 20 good years for a reserve/NG retirement, you can receive it upon attaining the age requirement. If rated by the VA at 50% or more, you would be eligible for CRDP which would restore the longevity portion of your waived retired pay.

Ron
 
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