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PERS J 23 U Add LA

Disabled Guard Members qualify for retirement pay/retired TRICARE in Gray Area

Date Submitted: July 1, 2020
Category: Joint
State: Louisiana

Type Draft Resolution:
Add Item

Additional Sponsors:


Submitter:
Rob Billings

Proposal:

Sponsor a bill allowing members of the National Guard and Reserve who been awarded a Service-Connected Disability by the VA, after retirement to qualify for retirement pay and retired TRICARE.

White Paper:
View White Paper

Recommendation:
The National Guard and Reserve forces are seeking parity with the Active Duty with this action. This action would allow members of the National Guard and Reservist with 20 or more credible years of service, who are retired in the 'Grey Area' and have a Service-Connected Disability of 50% or more due to Combat Operation, be eligible to begin receiving their retirement pay and retired Tricare upon the VA granting the Disability. National Guard and Reservist with 50% or more Disability should not have to wait until age 60 or earlier to begin receiving Retirement Compensation. If a National Guard or Reservist was awarded the disability before retirement and subsequently medically retired, they would possibly qualify for Combat Related Special Compensation (CRSC). CRSC and Concurrent Retirement Disability Pay (CRDP) are programs created by Congress to allow eligible military retirees to receive monthly disability entitlements in addition to retired pay. If a member of the National Guard or Reserve has retired, is in the Grey Area and was awarded a Service-Connected Disability by the VA after retirement, they DO NOT qualify for CRSC and must wait until age 60 or earlier to begin receiving Retirement Compensation. Also, since National Guard or Reservist are considered Retired in the Grey Area, they must pay full price for Tricare Retired Reserve while Retired Active Component has ZERO out of pocket expense. With this proposal the retirement pay and retired Tricare would begin immediately upon the VA awarding the disability and the National Guard and Reservist would receive both their disability and retirement benefit concurrently. To qualify one must: 1) Be classified as retired in the “Grey Area” 2) Have disabilities considered combat related incurred as a direct result of Armed Conflict 3) Be rated at least 50 percent by the Department of Veteran’s Affairs (VA)

Input #:
2
Resolution #:
23
Item #:
U
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