Please explain this regarding AGR https://myarmybenefits.us.army.mil/...-Benefits/DoD-Disability-Retired-Pay?serv=120
AGR disability retirement
- Thread starter oshark2
- Start date
Hello,
You will have to be more specific and I suspect your question will need a reply from someone who served in the reserves/guard.
@Provis @Guardguy11 @chaplaincharlie @JMATTK
Ron
That link just states the basic information about medical retirements. There are other laws on the books about that retirement being offset by receiving VA disability. In fact everyone who receives VA disability has to agree to offset their earned pension. Later on the law was amended to allow for both without offset for those with a 20 year retirement and 50% or higher VA ratings. You don't have a current entitlement to an immediate retirement and that is why your income is being offset by the VA compensation. Since you have a 20 year letter you do have an entitlement at age 60 or slightly less if reduced by qualified deployments. So once you apply for your earned retirement at age 60 you will get all of your earned longevity pension and all of your VA compensation. So you see at age 60 you are not using your chapter 61 pension which is offset. You are using your 20 year reserve retirement.
I received immediate active duty retirement initially with some VA offset. That was quickly dropped when VA 100% started.
The following link discusses the different types of military retirement, including disability:
Retirement <—-LINK
Ron
Retirement <—-LINK
Ron
Hello @oshark2 ,
Technically, that was a Disability Retirement.
As @Provis mentioned, “Since you have a 20 year letter you do have an entitlement at age 60 or slightly less if reduced by qualified deployments. So once you apply for your earned retirement at age 60 you will get all of your earned longevity pension and all of your VA compensation. So you see at age 60 you are not using your chapter 61 pension which is offset. *At that point* You are using your 20 year reserve retirement.”
Ron
I very much get what you are saying. I got to 20 year letter. But.. after after an appeal to the board of military corrections I was awarded an an active duty disability retirement at 30 percent as an AGR disability with over 20 years cumulative service. I received back pay that was subject to the VA offset. When it was established that I had 100% VA disability I could no longer get a military retirement and VA. My big question is, after reading the CRDP qualifications, why do I have to be National Guard age 60 drawing Guard retirement instead of a qualified 20 year AGR retiree to draw CRDP?
Hello @oshark2
Reference: "My big question is, after reading the CRDP qualifications, why do I have to be National Guard age 60 drawing Guard retirement instead of a qualified 20 year AGR retiree to draw CRDP?"
Unless you completed 20 years active duty via your multiple segments of service, you are not entitled to non-regular (Reserve/NG) retirement pay until you reach the age requirement (which you might have already done). Concurrent Receipt (formerly CRDP) should be paid at that time if otherwise qualified (minimum of 50% VA rating).
You mentioned: "after an appeal to the board of military corrections I was awarded an active duty disability retirement at 30 percent as an AGR disability with over 20 years cumulative service. " A 30% DoD rating is the minimum percentage that qualifies one for a Disability Retirement. Your cumulative service does not equal 20 years active duty at least from my understanding of what you have written. Your 20 good years qualified you for a reserve retirement upon reaching the required age.
Your board of corrections approval did not change the type of retirement (other than disability) for which you qualified. It did provide disability retired pay immediately, which I suspect was reduced by the VA compensation amount in accordance with current law.
Perhaps you could provide a redacted copy of the orders that resulted from the board of corrections. That might provide additional info.
Active Guard Reserve retirements
Human Resources Command processes the Army’s retirements <----LINK
Army Article: "Active Guard Reserve, or AGR, Soldiers are in the U.S. Army Reserve but serve in a full time capacity similar to active-duty Soldiers, Trammell said."
“The benefits and entitlements are comparable to active-duty Soldiers, with a few advantages like the opportunity to be stationed in or around hometown areas,” she said.
"Like active-duty, AGR Soldiers with 20 or more years of AFS *ACTIVE FEDERAL SERVICE* are eligible to retire and qualify for retirement benefits. Those AGR Soldiers who have not reached 20 years of AFS *ACTIVE FEDERAL SERVICE* before they reach the maximum age of 60, but have 20 credible years of service, can qualify for non-regular retirement, aka gray area retirement."
You retroactively received a Disability Retirement at 30% DoD due to your disabilities that made you unfit for continued service. That initial retirement Did Not change the nature of the time served. If you had 20 years active federal service you could have received the benefits you mentioned. Since you did not have 20 years active federal service, you qualified for only the non-regular (Reserve/NG) retirement upon reaching the age requirement--since you had 20 Good Years.
Good luck,
Ron
Reference: "My big question is, after reading the CRDP qualifications, why do I have to be National Guard age 60 drawing Guard retirement instead of a qualified 20 year AGR retiree to draw CRDP?"
Unless you completed 20 years active duty via your multiple segments of service, you are not entitled to non-regular (Reserve/NG) retirement pay until you reach the age requirement (which you might have already done). Concurrent Receipt (formerly CRDP) should be paid at that time if otherwise qualified (minimum of 50% VA rating).
You mentioned: "after an appeal to the board of military corrections I was awarded an active duty disability retirement at 30 percent as an AGR disability with over 20 years cumulative service. " A 30% DoD rating is the minimum percentage that qualifies one for a Disability Retirement. Your cumulative service does not equal 20 years active duty at least from my understanding of what you have written. Your 20 good years qualified you for a reserve retirement upon reaching the required age.
Your board of corrections approval did not change the type of retirement (other than disability) for which you qualified. It did provide disability retired pay immediately, which I suspect was reduced by the VA compensation amount in accordance with current law.
Perhaps you could provide a redacted copy of the orders that resulted from the board of corrections. That might provide additional info.
Active Guard Reserve retirements
Human Resources Command processes the Army’s retirements <----LINK
Army Article: "Active Guard Reserve, or AGR, Soldiers are in the U.S. Army Reserve but serve in a full time capacity similar to active-duty Soldiers, Trammell said."
“The benefits and entitlements are comparable to active-duty Soldiers, with a few advantages like the opportunity to be stationed in or around hometown areas,” she said.
"Like active-duty, AGR Soldiers with 20 or more years of AFS *ACTIVE FEDERAL SERVICE* are eligible to retire and qualify for retirement benefits. Those AGR Soldiers who have not reached 20 years of AFS *ACTIVE FEDERAL SERVICE* before they reach the maximum age of 60, but have 20 credible years of service, can qualify for non-regular retirement, aka gray area retirement."
You retroactively received a Disability Retirement at 30% DoD due to your disabilities that made you unfit for continued service. That initial retirement Did Not change the nature of the time served. If you had 20 years active federal service you could have received the benefits you mentioned. Since you did not have 20 years active federal service, you qualified for only the non-regular (Reserve/NG) retirement upon reaching the age requirement--since you had 20 Good Years.
Good luck,
Ron
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His question was appropriately answered with references on May 4th. He replied on May 5th: “Thank you Ron. That explains why my pay was calculated from the moment I left service.” However, that video will be helpful for others. Thank you.
DoD 7000.14-R Financial Management Regulation Volume 7B, Chapter 3 * September 2022
https://comptroller.defense.gov/Portals/45/documents/fmr/current/07b/07b_03.pdf ,<----LINK
2.2.2.2. A member placed on the TDRL receives retired pay that is equal to the retired pay base under Table 3-1, Rule 2, multiplied by the member’s election of either:
2.2.2.2.1. The applicable percentage described in subparagraph 2.1.2 times the years of service credited for percentage purposes under 10 U.S.C. § 1208;
or, 2.2.2.2.2. Percentage of disability, not to exceed 75 percent, on the date when the military department concerned places the member’s name on the TDRL.
2.2.2.2.3. If neither multiplier as described under subparagraphs 2.2.2.2.1and 2.2.2.2.2 is at least 50 percent, DFAS will pay a minimum of 50 percent of the retired pay base while the member is on the TDRL. 2.2.2.2.4. For a member placed on the TDRL on or before January 7, 2011, the retired pay multiplier may not exceed 75 percent. The retired pay multiplier is not limited for members with 30 or more years of service who retire on or after January 8, 2011.
* 2.2.3. If a member is retired for disability and is eligible under another provision of law,follow the rule in Table 3-1 applicable to the section of law that is more advantageous to the member.
Note: however, for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. To be entitled to retired pay for non-regular service under 10 U.S.C. § 12731, a member must “not be entitled under any other provision of law, to retired pay from an armed force.” See 10 U.S.C. § 12731.
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Ron
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Section 2.5 of the above reg says pay is calculated from 1st day of actual pay. Not the date of leaving the service.
This, offers additional considerations:
* 2.2.3. If a member is retired for disability and is eligible under another provision of law,follow the rule in Table 3-1 applicable to the section of law that is more advantageous to the member.
Note: however, for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. To be entitled to retired pay for non-regular service under 10 U.S.C. § 12731, a member must “not be entitled under any other provision of law, to retired pay from an armed force.” See 10 U.S.C. § 12731.
Important: Also see 2.5.3
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Contacting DFAS Retired Pay and your congressional representatives are options available to you of course.
Good luck,
Ron
I will
Thanks Ron.
You are welcome. Please keep in mind that the laws and rules I cited do NOT support your position.
You mentioned: “I received an AGR Disability retirement (Chpt 61) wth over 15 years active and 21 with the Guard. I began receiving CRDP at age 60 and my pay is calculated from the first day after leaving service. Is this the correct date for calculation or should it be the pay rate at age 60? Please reference the rules on this.”
Basis :
Note: however, for a Non-regular member who is retired for disability and becomes entitled to immediate retired pay under Chapter 61 before eligibility age, the retired pay may not be recomputed at eligibility age (usually age 60) based on 10 U.S.C. § 12731. To be entitled to retired pay for non-regular service under 10 U.S.C. § 12731, a member must “not be entitled under any other provision of law, to retired pay from an armed force.” See 10 U.S.C. § 12731.
Important: Also see 2.5.3
Ron
Oshark2:
As Ron stated, if you waived your retirement to receive VA disability, your retirement benefits began 15 or more years ago. You didn't have to waive retirement and you would have received retirement pay and the VA disability amount above retirement. If you computed the difference between current military pay at 60 and the COLA increases since 2008, the difference is about 30 to 50 dollars a month if the high three today is around $7500. If your high three is higher than $7500 then the difference will be a little over $50 a month. Chapter 61 retirement computation starts immediately while retirement at age 60 is based on current salaries in the year of eligibility.
As Ron stated, if you waived your retirement to receive VA disability, your retirement benefits began 15 or more years ago. You didn't have to waive retirement and you would have received retirement pay and the VA disability amount above retirement. If you computed the difference between current military pay at 60 and the COLA increases since 2008, the difference is about 30 to 50 dollars a month if the high three today is around $7500. If your high three is higher than $7500 then the difference will be a little over $50 a month. Chapter 61 retirement computation starts immediately while retirement at age 60 is based on current salaries in the year of eligibility.
I entered in 1973
I did not receive retired pay after discharge. I was put in Ready Reserve component.
After a ton of research I found the correct regulations. They are paying me wrong and I am trying to get that fixed. Their is a huge difference in the military pay table at the time I left the Air National Guard in 1997 and the one in 2013 when I reached 60.
10 U.S.C. 12731 is the usual (and what I have) guard retirement. It is on my discharge orders
10 U.S.C. Chapter 71 1406 - (2) Non-regular service retirement.-In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted
This one is the clearest explanation and it comes directly from: Military.pay.defense.gov (Military Compensation and Financial Readiness - retirement
Final Pay Plan
The retired pay base for a qualified reserve retirement under the Final Pay plan is the monthly basic pay determined at the rates applicable on the day of retirement at the highest grade satisfactorily held during service. In other words, it is the rate of pay for the member's pay grade and years of service taken from the pay table in effect on the date that retired pay begins, regardless of when the member stopped participation (i.e. went into the gray area).The Final Pay plan uses a multiplier % that is 2½% times the years of creditable service. The creditable years of service for a reserve retirement calculation is determined by the sum of all accumulated reserve points divided by 360.
High-36 Plan
The retired pay base for a qualified reserve retirement under the High-36 retirement plan is the total amount of monthly basic pay to which the member was entitled during the member's high-36 months divided by 36. This includes months to which the member would have been entitled if the member had served on active duty during the entire period. Usually this will be the average of the 36 months for the member's pay grade and years of service taken from the pay tables in effect for the 36 months immediately preceding the date that retired pay begins, regardless of when the member stopped participation (i.e. went into the gray area).The High-36 retirement plan uses a multiplier % that is the same as the final pay plan.
After a ton of research I found the correct regulations. They are paying me wrong and I am trying to get that fixed. Their is a huge difference in the military pay table at the time I left the Air National Guard in 1997 and the one in 2013 when I reached 60.
10 U.S.C. 12731 is the usual (and what I have) guard retirement. It is on my discharge orders
10 U.S.C. Chapter 71 1406 - (2) Non-regular service retirement.-In the case of a person who is entitled to retired pay under section 12731 of this title, the retired pay base is the monthly basic pay, determined at the rates applicable on the date when retired pay is granted
This one is the clearest explanation and it comes directly from: Military.pay.defense.gov (Military Compensation and Financial Readiness - retirement
The retired pay base for a qualified reserve retirement under the Final Pay plan is the monthly basic pay determined at the rates applicable on the day of retirement at the highest grade satisfactorily held during service. In other words, it is the rate of pay for the member's pay grade and years of service taken from the pay table in effect on the date that retired pay begins, regardless of when the member stopped participation (i.e. went into the gray area).
The Final Pay plan uses a multiplier % that is 2½% times the years of creditable service. The creditable years of service for a reserve retirement calculation is determined by the sum of all accumulated reserve points divided by 360.
The retired pay base for a qualified reserve retirement under the High-36 retirement plan is the total amount of monthly basic pay to which the member was entitled during the member's high-36 months divided by 36. This includes months to which the member would have been entitled if the member had served on active duty during the entire period. Usually this will be the average of the 36 months for the member's pay grade and years of service taken from the pay tables in effect for the 36 months immediately preceding the date that retired pay begins, regardless of when the member stopped participation (i.e. went into the gray area).
The High-36 retirement plan uses a multiplier % that is the same as the final pay plan.