I am a federal employee under FERS. I retired from the Army and was receiving retirement pay. I applied for a CRSC review. The Army awarded me 100% CRSC as a result of what I sustained in the Gulf War. What I sustained is considered an "instrumentality of war." Their words in the letter, not mine. DFAS stopped my retirement pay. DFAS started CRSC payments. I understand that CRSC is not retirement. It is Special Compensation. Based on what I read on OPM's site and on FERS site, I should be able to buy back my military time without waiving my CRSC payments. I believe this is considered the exception to the rule. This is consistent with what I read in one of your posts. But there has been a lot of debate on this online. Do I have a case? If so, Will I have a hard time convincing my HR and DFAS of this? I already requested a buy back cost calculation from DFAS but I think my situation is all about interpretation of the wording. I am concerned that the decision might be in the hands of a HR or DFAS rep who is not familiar with the rule exception. We facing a RIF and this would help if I could buy back my military time because I only have 5 years of FERS time.
CRSC 100%, Military Buy Back, FERS, Army Retired
- Thread starter Jedi-Master24
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If you are asking if you will forfeit CRSC… I worked with a medically retired gentleman who was receiving CRSC. He bought back his time and his CRSC was stopped. The reasoning was he was no longer eligible for retirement pay after the buy back was completed. This was over 5 years ago so possibly the rules have changed.
Thanks!
Here is the guidance I am reading from FERS, OPM, and DFAS (which I believe is the ultimate decision-maker):
Military Retirees (FERS Credible Military Service)
Generally, if you receive military retired pay based on a retirement from active duty military service, you may not receive credit for military service under CSRS or FERS unless you waive your military retired pay. If you waive military retired pay, you waive just your monthly check. You do not waive military survivor benefits, health coverage, or other benefits provided by the military. If you are receiving VA benefits in lieu of all or part of your military retired pay, you may keep the VA benefits even if you waive military retired pay for CSRS or FERS purposes. If your military retired pay is based on a combat-connected disability (or caused by an instrumentality of war during a period of war), or you are retiring from the reserves, you may continue to receive your disability or reserve retired pay and still have your active duty military service credited under CSRS or FERS. If you decide to waive your military retired pay to combine your civilian and military service, you must submit a waiver request to the military finance center at least 60 days before you retire. Military service credited upon waiving military retired pay is subject to the rules for post-1956 military deposits.
OPM Guide HR Professionals
For retirement:
An employee must waive military retired pay to receive any credit for military service unless the retired pay is awarded based on a service-connected disability incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by 38 U.S.C. 301, or awarded under 10 U.S.C. chapter 1223 (previously chapter 67).5 U.S.C. 6303, 8332 and 8411(c); and the CSRS and FERS Handbook
DFAS Guidance (Oct 2024)
Waving Military Retirement - Most military retirees cannot receive credit for federal civil service purposes unless they waive their military retired pay. Exceptions include:
- Due to a service-connected disability either incurred in combat with an enemy of the United States or caused by an instrumentality of war and incurred in the line of duty during a period of war, or
- Under the provisions of Chapter 1223, Title 10, U.S.C. (pertaining to retirement from a reserve component of the Armed Forces).
this is how I understand it…
If you are 20 plus years you can’t buy it back. You have to earn a completely separate retirement. If you are medically retired you can’t buy it back but that involves giving up your retired pay. CRSC isn’t retired pay but in order to qualify for it you must also still be eligible for retired pay. Once it’s bought back you won’t meet that eligibility.
I’m also not an expert on the matter. Just sharing an experience I had with someone buying their time back and CRSC
If you are 20 plus years you can’t buy it back. You have to earn a completely separate retirement. If you are medically retired you can’t buy it back but that involves giving up your retired pay. CRSC isn’t retired pay but in order to qualify for it you must also still be eligible for retired pay. Once it’s bought back you won’t meet that eligibility.
I’m also not an expert on the matter. Just sharing an experience I had with someone buying their time back and CRSC
This will answer buy back time.
Your FERS retirement application with OPM is when you choose whether to waive military retirement or get to keep it if the military disability retirement was combat related. Unless you were hired before 1996 you aren’t CSRS (Civil Service Retirement system)
Here’s how it goes. Yes I am a federal employee. If you get medically retired and your injuries are combat related as stated on your retirement you can buy your time back and keep your CRSC. If you retire from the active side over 20 I don’t think you can buy time back but if you do hen you lose your retirement time to draw pay.
Here's what you're missing in that statement.
Your Retirement MUST of been because of a "COMBAT CONNECTED DISABILITY"
That's not your case, because you retired STRAIGHT OUT 20 YEARS.
The OPM guidance would of been for an individual who MEDICALLY RETIRED AND THEIR ORDERS STATES, THEIR CONDITION IS DUE TO COMBAT.
(see attached)
someone whose medically retired and NOT because of COMBAT doesn't qualify neither.
In your Case you had to go apply to CRSC. CRSC doesn't count for that OPM guidance, because that didn't CAUSE your retirement.
I'm also a federal employee with Homeland for 10 years now, and have bought back 6 years military time already, so I understand the RIF you talking about.
I would suggest Pull that buyback packet, because it doesn't apply to you. Hopefully you can still pull it back before someone at DFAS or your HR does something to your retired pay they think is helping but mess you up and have to wait months to fix.
Attachments
I have 11 years in NG, 7 years as dual status T32 tech. Currently being med boarded (IDES) and received my VA rating yesterday. I am expecting a DOD rating soon, and I will also lose my T32 position because of my combat related injury not permitting me to do the job. Do I need to pick between a military medical retirement (depending on what they come back with) or a FERS Medical Retirement? I have a lawyer that specializes in the military aspect, not so much the technician world.
You left out what type of retirement. Regular 20 year or Ch 61 medical retirement is elite able for CRSC and FERS buyback IF your medical retirement was based on combat injuries.
CRSC and combat Ch 61 medical retirement are not one and the same. There is a lawsuit NVLSP is taking thru the courts as a couple of veterans who were retired for example Asthma which if manifests at any point after your service is PACT Act presumed if you served in appropriate areas during the appropriate times. Both these vets got CRSC because of pact act presumptions but the services did not deem their retirements combat related.
CRSC and combat Ch 61 medical retirement are not one and the same. There is a lawsuit NVLSP is taking thru the courts as a couple of veterans who were retired for example Asthma which if manifests at any point after your service is PACT Act presumed if you served in appropriate areas during the appropriate times. Both these vets got CRSC because of pact act presumptions but the services did not deem their retirements combat related.
I appreciate your response. I only have 11 years so I’d assume the latter, although my knowledge in this subject is not great. Regarding the combat related injury, I think it is straightforward since there was steel and rockets flying in cowboy country, but I wouldn’t be surprised by anything based on reading some of the threads.
If you’re Title 32 technician, you don’t lose your job because you’re getting medically retired in the military side. As a matter a fact that’s the only way to keep your technician job.
I’m a federal employee in the GS side. I’m already medically retired in the military side. If I want i can file for medical retirement on the federal civilian side too. Same thing should apply to you.
Not in my MOS. I’ve been permanently DQd from performing my job duties due to medical conditions that ended my career in current MOS, which inherently ended my technician career since they are 1 in the same. They can’t find a position equal to my current position because it falls under the special salary rate table so they plan to medically retire. It’s all good, I knew once I was honest about what was going on that there would be consequences, but it’s the first time in a long time I’ve prioritized my health over the organization.
Ohh wow!! Well, maybe because you’re in a special salary table. Glad you knew ahead of time at least.
I’m still confused and so is HR: If over 20 yrs Active Duty but still medically retired due to combat injuries (direct instrument of war), does that qualify for buyback without waiving military retirement?
My understanding reading the reg is that if you are medically retired due to combat you can buy back - period.
I’ve also read on various unofficial sources that if over 20 yrs of service, then you would have qualified for retirement anyways… and therefore must waive military retirement to buyback civilian time regardless of combat or not.
(ie “Medical Retirement” is technically NOT the same as “Medially Retired & >20 yos” - combat or not)???
A request to buy back 20+ years has set off alarm bells apparently. Any thoughts?
My understanding reading the reg is that if you are medically retired due to combat you can buy back - period.
I’ve also read on various unofficial sources that if over 20 yrs of service, then you would have qualified for retirement anyways… and therefore must waive military retirement to buyback civilian time regardless of combat or not.
(ie “Medical Retirement” is technically NOT the same as “Medially Retired & >20 yos” - combat or not)???
A request to buy back 20+ years has set off alarm bells apparently. Any thoughts?
If your HR is confused, you should tell them to reach out to OPM and get guidance.
It’s pretty clear, if you have over 20 years active duty and medically retired, if the PEB DA-form 199 says “retirement is due to combat “ you can :
I know for me as a GS-12 with DHS.
I need to get to 57 years old or 20 years as a LEO. THEN, + OPM adds the 20 years DOD that was transferred over to it to get an immediate OPM 40 yrs retirement pay.
Although you can RETIRE before getting the minimum OPM retirement age or YOS. If you do that then
“those who elect early retirement will have their basic benefit permanently reduced by 5% for each year they retire before reaching MRA”.
It’s pretty clear, if you have over 20 years active duty and medically retired, if the PEB DA-form 199 says “retirement is due to combat “ you can :
Buyback your active duty time & have it be added to OPM - Still collect DOD 20 year retirement pay
I know for me as a GS-12 with DHS.
I need to get to 57 years old or 20 years as a LEO. THEN, + OPM adds the 20 years DOD that was transferred over to it to get an immediate OPM 40 yrs retirement pay.
Although you can RETIRE before getting the minimum OPM retirement age or YOS. If you do that then
“those who elect early retirement will have their basic benefit permanently reduced by 5% for each year they retire before reaching MRA”.
You're very welcome!!
My exact situation is different...I only bought back 6 years active duty...so I'm definitely going to 57 so I can get my immediate retirement pay.. But it seem like my military disabilities starting to affect me at work so I might just do an OPM disability retirement in a couple years, when i'm about 50 years old.
****But if you're asking what I would do IF I had your situation Hypothetically***
I would buy the time back, since it won't impact my DOD retirement. Since my HR seem to be clueless, I would probably reach out to OPM and try to get something in writing / verbal that their policy didn't change so that way HR doesn't mess something up because it's something they never saw before.
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