I Think I Found the Problem

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brianwl	I Think I Found the Problem		Lead	[-]
Posts: 6021 06/28/08 22:18:09	Ok folks, I think I found the problem. First here is Section 641 of the 2008 NDAA. SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY. (a) Expanded Eligibility for Chapter 61 Military Retirees- Subsection (c) of section 1413a of title 10, United States Code, is amended by striking `entitled to retired pay who--' and all that follows and inserting `who-- `(1) is entitled to retired pay (other than by reason of section 12731b of this title); and `(2) has a combat-related disability.'. (b) Computation- Paragraph (3) of subsection (b) of such section is amended-- (1) by striking `In the case of' and inserting the following: `(A) GENERAL RULE- In the case of'; and (2) by adding at the end the following new subparagraph: `(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE- In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.'. (c) Effective Date- The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date. http://thomas.loc.gov/cgi-bin/query/F?c110:4:./temp/~c110MKmSsg:e520906: the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.'. Should read, "the amount of the payment under paragraph (1) for any month shall not exceed an amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member". Brian E-6 USAF Ch 61 Ret 80% IU/P&T SC http://www.vote-them-out.org "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
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71infantry		#1	[url]	[-]
Posts: 561 06/28/08 23:50:21	So it appears that when the legislation was drawn up someone made a serious error by changing the wording to mean something entirely different.....
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Rob12Ret		#2	[url]	[-]
Posts: 4357 06/29/08 10:35:56	Department of Defense 'lawyers" had six (6) months to draft up and revise guidelines for CRSC and still got it wrong!. Maybe they should have walked down the hall and spoke with Congressional Budget Office (CBO) for there input and ask them what was congress intent. It appears that the Congressional Budget Office (CBO) got it wright! They review the language of the legislation the way it is written and come up with a dollar amount. It appears that they understand what the intent of congress is.! *Military Retirement and Disability Benefits. Several sections in titles 6 and 16 would enhance military retirement and disability benefits. In total, CBO estimates those sections would increase direct spending by $3.4 billion over the 2008-2018 period. Combat-Related Special Compensation* (CRSC). Currently, disabled service members who are allowed to retire with less than 20 years of service see their retirement annuity offset or reduced by any amount of disability compensation that they receive from the Department of Veterans Affairs (VA). Under this provision, those whose VA-rated disability is related to combat, hazardous duty, or military training would be eligible to receive CRSC, which replaces part or all of the portion of their retirement annuity that is offset by VA disability compensation. (CRSC is currently offered only to those who retire with 20 or more years of service.) Based on information from DoD, CBO estimates this provision would increase direct spending by $759 million over the 2008-2018 period. http://www.cbo.gov/ftpdocs/89xx/doc8950/hr4986.pdf Note: When they use the term "replaces part or all of the portion of their retirement annuity that is offset by VA disability compensation" they are referring to the percentage of disability that is awarded by CRSC. IMHO! robert Last Edited By: Rob12Ret 06/29/08 10:39:56. Edited 1 time.
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brianwl		#3	[url]	[-]
Posts: 6024 06/29/08 21:21:23	Robert, Nice thought, but CBO got it wrong too. They don't differentiate between DoD Disability retirement pay and "earned" retirement when doing their math. This is a HUGE mistake. Brian E-6 USAF Ch 61 Ret 80% IU/P&T SC http://www.vote-them-out.org "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
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jarhead031167		#4	[url]	[-]
Posts: 117 06/29/08 21:27:10	If im not mistaken the only way this can be kept from getting emptlamented is for it to go back to congress and be rewritten like it was suppose to be written if not then it stands Semper Fi
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Rob12Ret		#5	[url]	[-]
Posts: 4362 06/30/08 15:25:47	71infantry wrote: So it appears that when the legislation was drawn up someone made a serious error by changing the wording to mean something entirely different..... These are the facts as I know them. H.R. 1366, Combat-Related Special Compensation Act of 2005 was introduced in March 17, 2005 by Rep Michael Bilirakis. It didn't go know were until 2007 the language that was written then is identical as it is written today. No one ever questioned the way the language was written then but only question it now after it has been implemented into law. Four (4) years goes by and no body ever questioned the language the way it was written? MOAA testified before the Veterans' Disability Benefits Commission on January 19, 2007 and support this action and provided details on how to do the calculations. SEC. 2. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY FOR CHAPTER 61 MILITARY RETIREES. (a) Eligibility- Subsection (c) of section 1413a of title 10, United States Code, is amended by striking `entitled to retired pay whoX' and all that follows and inserting `whoX `(1) is entitled to retired pay (other than by reason of section 12731b of this title); and `(2) has a combat-related disability.'. (b) Computation- Paragraph (3) of subsection (b) of such section is amended-- (1) by designating the text of that paragraph as subparagraph (A), realigning that text so as to be indented 4 ems from the left margin, and inserting before `In the case of' the following heading: `IN GENERAL- '; and (2) by adding at the end the following new subparagraph: `(B) SPECIAL RULE FOR RETIREES WITH FEWER THAN 20 YEARS OF SERVICE- In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.'. (c) Effective Date- The amendments made by this section shall take effect on January 1, 2006, and shall apply to payments for months beginning on or after that date. http://www.govtrack.us/congress/billtext.xpd?bill=h109-1366 robert Last Edited By: Rob12Ret 06/30/08 17:22:44. Edited 1 time.
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71infantry		#6	[url]	[-]
Posts: 575 06/30/08 15:31:20	Rob12Ret wrote: 71infantry wrote: So it appears that when the legislation was drawn up someone made a serious error by changing the wording to mean something entirely different..... These are the facts as I know them. H.R. 1366, Combat-Related Special Compensation Act of 2005 was introduced in March 17, 2005 by Rep Michael Bilirakis. It didn't go know were until 2007 the language that was written then is identical as it is written today. No one ever questioned the way the language was written then but only question it now after it has been implemented into law. I don't know if the language was the same in 2005 as it is now... what I do know is that this did not apply to chapter 61 retirees under 20 years in 2005, so it wouldn't have matterd anyway.....
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brianwl		#7	[url]	[-]
Posts: 6029 06/30/08 18:24:36	I had one nice short phone call with one my Senator's staffers about this today in response to an email I sent her over the weekend. She said she is going to look into it. Had a very lengthy phone call with the staffer at my other Senator's office. Had to explain the whole thing to him because he was completely clueless. Bottom line with him is that he is going to forward my email to DoD and see what they have to say on the matter. Guess my name's going to be red flagged, huh? Brian E-6 USAF Ch 61 Ret 80% IU/P&T SC http://www.vote-them-out.org "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)
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Rob12Ret		#8	[url]	[-]
Posts: 4366 06/30/08 21:58:44	Brian, Did they say that they were going to conduct a congressional investigation or just forward your e-mail to DoD? Some body at DOD has to answer the mail from your congressional representative. Just hope it doesn't take six (6) months for them to get a reply. Did they say that they will forward it to Dr. Chu? robert
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I Think I Found the Problem

I Think I Found the Problem

SEC. 641. EXPANSION OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY.

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