I am a Reserve MILTECH who has be found unfit for duty on the TPU side. I do not have enough time to retire as a civilian. I know there is an acception to policy when the disability is combat rerelated. Does anyone know how that works? I am not getting anywhere with CPOL or my command.
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Keeping MILTECH job
- Thread starter ZoeyLynn
- Start date
ZoeyLynn, I am not familiar with the term TPU? I am a recently converted Dual Status Technician in the Air National Guard to Title 5 Excepted Service. I spent over 20 years as dual-status wearing the military uniform and getting paid civil service pay. There is a special provision of law that if you loose your military status due to medical, then you get special disability retirement from the federal side (Office of Personnel Management - OPM). You might ask your federal HR office if that type of thing is relevant to Reserve MILTECH. In general, it is 60% of your federal pay the first year, then 40% every year after until you reach age 62, Then OPM recalculates your retirement as if you were employed the entire time until age 62. There is income restrictions once you are medically retired of 80% (I think is right) that you can earn at another private sector job. All 54 States and Territories now have 12% of there National Guard 32USC709 technicians converted to Title 5 Excepted service, so it is unclear how the 10 USC 10216 (g) will apply now that Congress (NDAA 2016,2017, and 2018 versions) discontinued the "non-dual status technician" status. I recommend you contacting your HR office (retirement and separations section), then depending on what you learn consider retaining a good attorney (like Mr. Perry). Best of luck for you have to navigate the military and federal service rules. I work in HR, yet not your HR office!
10 U.S. Code § 10216 - Military technicians (dual status)
(g)Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—
(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as—
(A)
the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
(B)
the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
(2)
A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
(3)
Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.
Here is a link that gives some info:
https://www.federaldisability.com/blog/2018/02/reserve-technicians-disability-retirement/
10 U.S. Code § 10216 - Military technicians (dual status)
(g)Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—
(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as—
(A)
the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
(B)
the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
(2)
A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
(3)
Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.
Here is a link that gives some info:
https://www.federaldisability.com/blog/2018/02/reserve-technicians-disability-retirement/
Last edited:
I may be asking you a lot of questions soon. That’s nice to hear you work HR. I’m also Air guard/ dual status. Thanks for the info.ZoeyLynn, I am not familiar with the term TPU? I am a recently converted Dual Status Technician in the Air National Guard to Title 5 Excepted Service. I spent over 20 years as dual-status wearing the military uniform and getting paid civil service pay. There is a special provision of law that if you loose your military status due to medical, then you get special disability retirement from the federal side (Office of Personnel Management - OPM). You might ask your federal HR office if that type of thing is relevant to Reserve MILTECH. In general, it is 60% of your federal pay the first year, then 40% every year after until you reach age 62, Then OPM recalculates your retirement as if you were employed the entire time until age 62. There is income restrictions once you are medically retired of 80% (I think is right) that you can earn at another private sector job. All 54 States and Territories now have 12% of there National Guard 32USC709 technicians converted to Title 5 Excepted service, so it is unclear how the 10 USC 10216 (g) will apply now that Congress (NDAA 2016,2017, and 2018 versions) discontinued the "non-dual status technician" status. I recommend you contacting your HR office (retirement and separations section), then depending on what you learn consider retaining a good attorney (like Mr. Perry). Best of luck for you have to navigate the military and federal service rules. I work in HR, yet not your HR office!
10 U.S. Code § 10216 - Military technicians (dual status)
(g)Retention of Military Technicians Who Lose Dual Status Due to Combat-Related Disability.—
(1) Notwithstanding subsection (d) of this section or subsections (a)(3) and (b) of section 10218 of this title, if a military technician (dual status) loses such dual status as the result of a combat-related disability (as defined in section 1413a of this title), the person may be retained as a non-dual status technician so long as—
(A)
the combat-related disability does not prevent the person from performing the non-dual status functions or position; and
(B)
the person, while a non-dual status technician, is not disqualified from performing the non-dual status functions or position because of performance, medical, or other reasons.
(2)
A person so retained shall be removed not later than 30 days after becoming eligible for an unreduced annuity and becoming 60 years of age.
(3)
Persons retained under the authority of this subsection do not count against the limitations of section 10217(c) of this title.
Here is a link that gives some info:
https://www.federaldisability.com/blog/2018/02/reserve-technicians-disability-retirement/