Capt Hank
01-07-2005, 17:30
** Administration Lawyers Mulling Payments to Unemployables
Last December, Congress put language in the FY2005 Defense Authorization Act to restore full retired pay to retirees with 20 or more years of service and 100%-rated disabilities, as of January 1, 2005. At the time, those who drafted the final language told us they originally wrote it to included lesser-rated disabled retirees whom the VA has deemed "unemployable," but were ordered to rewrite it to exclude unemployables in order to reduce the price tag.
Nevertheless, Defense lawyers reviewing the new law have some doubts as to whether the strict language that was passed actually excluded unemployables or not.
Some with an interest in this issue have reported that the decision has been made and that unemployables will get their full retired pay back along with the 100-percenters.
But we've been checking with our Pentagon sources every day this week, and we're being told there has been no decision and the issue is still under review by the Office of Management and Budget. We're hopeful there will be a decision shortly.
MOAA believes it shouldn't make a difference whether an individual has a 100% disability because of a specific injury or illness, or because he or she is no longer able to work due to a lower-rated disability. Retirees in both situations are paid disability compensation at the 100% rate, and the VA considers them both 100% disabled. They should be treated equally in any concurrent receipt provision.
If there's any latitude in the law to do that, the Administration should "err on the side of the angels." If the legal eagles conclude the language does, in fact, exclude the unemployables, that should be one of the first orders of business for the new Congress to fix.
Last December, Congress put language in the FY2005 Defense Authorization Act to restore full retired pay to retirees with 20 or more years of service and 100%-rated disabilities, as of January 1, 2005. At the time, those who drafted the final language told us they originally wrote it to included lesser-rated disabled retirees whom the VA has deemed "unemployable," but were ordered to rewrite it to exclude unemployables in order to reduce the price tag.
Nevertheless, Defense lawyers reviewing the new law have some doubts as to whether the strict language that was passed actually excluded unemployables or not.
Some with an interest in this issue have reported that the decision has been made and that unemployables will get their full retired pay back along with the 100-percenters.
But we've been checking with our Pentagon sources every day this week, and we're being told there has been no decision and the issue is still under review by the Office of Management and Budget. We're hopeful there will be a decision shortly.
MOAA believes it shouldn't make a difference whether an individual has a 100% disability because of a specific injury or illness, or because he or she is no longer able to work due to a lower-rated disability. Retirees in both situations are paid disability compensation at the 100% rate, and the VA considers them both 100% disabled. They should be treated equally in any concurrent receipt provision.
If there's any latitude in the law to do that, the Administration should "err on the side of the angels." If the legal eagles conclude the language does, in fact, exclude the unemployables, that should be one of the first orders of business for the new Congress to fix.