In divorce, TSP accounts are divided with a special order called a Retirement Benefits Court Order (RBCO). Requirements for drafting a RBCO that will be approved by the TSP Plan Administrator are contained in Title 5 Code of Federal Regulations (C.F.R.) Part 1653, "Court Orders and Legal Processes Affecting Thrift...
Chapter 61 and CRDP: The Outcome
The question has been resolved of whether Concurrent Retirement and Disability Pay (CRDP) is divisible in military divorce where the Servicemember has been medically retired under 10 U.S.C. Chapter 61 for being physically unfit for continued duty. It is not divisible.
Recall that under 38 U.S.C. § 5305,...
A Look at Military Retirees
Let's take a quick look at the the military retiree population based on data in the DOD Actuary's most recent Statistical Report on the Military Retirement System, which has data as of September 30, 2021. There were 1.99M military retirees from all ranks and all branches of service. Some 222.9K...
2023 Military Retiree COLA
DoD recently announced the 2023 military retiree COLA that will first reflect in retired pay received on or about 1 January 2023. The full COLA is 8.7% for retirees who retired prior to 2022. For those who retired in the first quarter of 2022 (between 1...
“Sanctuary” for Reserve Component Servicemembers on Active Duty
"Sanctuary" protects a Reserve Component Servicemember (i.e., Reserve or National Guard) who is on active duty (other than for training), and within two years of becoming eligible for retired pay at 20 years of active duty service, from involuntary release from active duty unless the release is approved...
20/20/20 and 20/20/15 Former Spouse Benefits Processing
This blog is both a "heads-up" and "call to action" for former spouses who meet the 20/20/20 or 20/20/15 requirements. I've learned over the last few years that it takes a legitimate 20/20/20 or 20/20/15 former spouse 4 to 5 months from divorce until they complete processing and have the following: (1)...
Retiree COLAs vs. Servicemember Pay Increases
Military retirees receive cost-of-living adjustments or COLAs. Servicemembers still serving receive annual pay increases. Let's look at the differences.
The law on Retiree COLAs is found in Title 10 U.S. Code § 1401a, Adjustment of retired pay and retainer pay to reflect changes in Consumer Price...
What is a “Gray Area” Retiree and What Impact Does that have on Military Divorce?
A "gray area" military retiree is qualified for a "non-regular" retirement as a member of the Reserves or National Guard who has been place in the "retired, awaiting pay" status. Gray area retirees in "retired, awaiting pay" status do not drill, so they accrue no additional points creditable toward retirement. They do, however, continue...
How is Disposable Retired Pay Calculated?
The Uniformed Services Former Spouse Protection Act (USFSPA), codified at 10 U.S.C. § 1408, grants State Courts the authority to treat only "disposable retired pay" as marital property in military divorce. Many Servicemembers equate "disposable retired pay" with their "net pay." That is incorrect. "Disposable retired pay" is determined before retired...
Chapter 61 Disability Retirement and Concurrent Retirement and Disability Pay – Part 2
I received quite a few questions and comments on the earlier blog I wrote about Chapter 61 disability retirement and Concurrent Retirement and Disability Pay (CRDP) in military divorce. You may read that blog by clicking here. I need to expand the discussion of Chapter 61 disability retirement and CRDP.
Servicemembers retired by...