SELRES VT Life

[Uncle Fester]

So here's my question - when you put in to transfer to the Retired Reserve, is it upon you to request and document early retired pay eligibility? If it's documented somewhere in my records (BOL, ESR, etc), I can't find it.

 

[Griz882]

So here's my question - when you put in to transfer to the Retired Reserve, is it upon you to request and document early retired pay eligibility? If it's documented somewhere in my records (BOL, ESR, etc), I can't find it.

It is incumbent on you to apply for retirement period. The rule of thumb is to apply at a minimum of one year BEFORE your pay date. In my case, I will reach retirement age at 57 because of my GWOT time (stupid law...if they had made it retroactive to 9/11 I would be retired now!). I have my packet in my hands now and will send it in next month when I hit 56. You can apply as early as 1.5 years in advance, but not much more. Make sure you have all your qualifying orders available for your packet.

 

[Uncle Fester]

Here's what I found on NPC.

BLUF: as I read it, any active duty besides CANREC and unit administrative duty counts for early retired pay, they'll calculate your early retirement pay date when you put in for retirement but you should still document it yourself, and after 30SEP2014 you can straddle two years to make 90 days.

NDAA 2008 enacted Annual Inactive Points Limit Modification and Early Retirement Service Eligibility under 10 U.S. Code;


1. 10 USC 12733 was changed to allow a Reservist to be credited with up to 130 inactive points per anniversary year. The effective date of this change applies to any anniversary year ending on or after 30 Oct 2007. The previous maximum allowed was 90 inactive points. ARPR/ASOSH files are being modified to accept this change.


2. 10 USC 12731 was also changed to allow qualified Reservists to start receiving retired pay earlier than age 60. Effective 29 January 2008, each 90-day aggregate of active duty completed in a fiscal year will allow a member to begin receiving retired pay three months earlier than age 60. Medical benefits eligibility remains at age 60, and only service performed on or after 29 January 2008 counts. Active duty service which will not count towards the aggregate includes active duty performed in a regular component and active duty performed under 10 USC 12310 (e.g., FTS, CANREC, and RPN recall orders associated with organizing, administering, recruiting, instructing, or training the Reserve components).


3. PERS-91 will review a member's record and establish a retired-pay eligibility date at the time the member is transferred to the Retired Reserve. Because recent periods of active duty may not be reflected in point totals at the time a member requests transfer to the Retired Reserve, members requesting transfer to the Retired Reserve should be proactive in bringing extended periods of qualifying active duty (performed after 28 January 2008) to the attention of PERS-912. This can be done as an attachment to the retirement request.


NDAA 2015 enacted Early Retirement Service Eligibility across Fiscal Years Provision under 10 U.S. Code;


1. Section 12731(f)(2)(A) of 10 U.S. Code, was amended to allow eligible time, " In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in the law after January 28, 2008" to complete that service within any TWO consecutive fiscal years after September 30, 2014." A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. Eligible duty performed prior to September 30, 2014 and on or after 29 January 2008 must still be completed within one fiscal year as originally enacted by NDAA 2008.

 

[Flash]

Long story short, the military has gotten into the habit of using the reserves and National Guard to augment the authorized end-strength of the active force. To do this they use contingency funding…NOT the general service fund. So, that brings us to the portion of the law that covers activating part-timers without and with their consent.

OK, so the lynch pin of all of this is Title 10 USC, Section 12301 which starts with paragraph (a) “In time of war or of national emergency declared by Congress, or when otherwise authorized by law, an authority designated by the Secretary concerned may, without the consent of the persons affected, order any unit, and any member not assigned to a unit…” This is the cornerstone clause. If your orders do not begin with some element of Section 12301 you DO NOT get a reduction on your retirement age.....Section 12301(d) is allowed but this paragraph of the act means that the activation is voluntary, however, these orders are previously coded as part of Section 12301 which identify their funding as “contingency.”

You may not like my use of the words GWOT or GWOT support, I admit that is a broad swath, but your work had to have been “contingency” or “emergency” funded for them to reduce your retirement age.

Contingency funding ≠ GWOT or GWOT support. My ADSW billet has endured now for almost 20 years and was never associated with GWOT, and while not the huge bill it is now contingency funding is not a new thing.

The reason I harp on it is that using 'GWOT' just confuses folks, they need to look at their type of orders and not worry about whether or not it is associated with GWOT.

NDAA 2015 enacted Early Retirement Service Eligibility across Fiscal Years Provision under 10 U.S. Code;

1. Section 12731(f)(2)(A) of 10 U.S. Code, was amended to allow eligible time, " In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in the law after January 28, 2008" to complete that service within any TWO consecutive fiscal years after September 30, 2014." A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. Eligible duty performed prior to September 30, 2014 and on or after 29 January 2008 must still be completed within one fiscal year as originally enacted by NDAA 2008.

I had heard that change was proposed but didn't see it had made it to law, thanks for the reference.

 

[Rg9]

Here's what I found on NPC.

BLUF: as I read it, any active duty besides CANREC and unit administrative duty counts for early retired pay, they'll calculate your early retirement pay date when you put in for retirement but you should still document it yourself, and after 30SEP2014 you can straddle two years to make 90 days.

NDAA 2008 enacted Annual Inactive Points Limit Modification and Early Retirement Service Eligibility under 10 U.S. Code;


1. 10 USC 12733 was changed to allow a Reservist to be credited with up to 130 inactive points per anniversary year. The effective date of this change applies to any anniversary year ending on or after 30 Oct 2007. The previous maximum allowed was 90 inactive points. ARPR/ASOSH files are being modified to accept this change.


2. 10 USC 12731 was also changed to allow qualified Reservists to start receiving retired pay earlier than age 60. Effective 29 January 2008, each 90-day aggregate of active duty completed in a fiscal year will allow a member to begin receiving retired pay three months earlier than age 60. Medical benefits eligibility remains at age 60, and only service performed on or after 29 January 2008 counts. Active duty service which will not count towards the aggregate includes active duty performed in a regular component and active duty performed under 10 USC 12310 (e.g., FTS, CANREC, and RPN recall orders associated with organizing, administering, recruiting, instructing, or training the Reserve components).


3. PERS-91 will review a member's record and establish a retired-pay eligibility date at the time the member is transferred to the Retired Reserve. Because recent periods of active duty may not be reflected in point totals at the time a member requests transfer to the Retired Reserve, members requesting transfer to the Retired Reserve should be proactive in bringing extended periods of qualifying active duty (performed after 28 January 2008) to the attention of PERS-912. This can be done as an attachment to the retirement request.


NDAA 2015 enacted Early Retirement Service Eligibility across Fiscal Years Provision under 10 U.S. Code;


1. Section 12731(f)(2)(A) of 10 U.S. Code, was amended to allow eligible time, " In the case of a person who as a member of the Ready Reserve serves on active duty or performs active service described in the law after January 28, 2008" to complete that service within any TWO consecutive fiscal years after September 30, 2014." A day of duty may be included in only one aggregate of 90 days for purposes of this subparagraph. Eligible duty performed prior to September 30, 2014 and on or after 29 January 2008 must still be completed within one fiscal year as originally enacted by NDAA 2008.

So... AT/ADT does not count? From this and what Griz said, that's what I read.

Do you have a link to the NPC stuff you cited?

 

[Flash]

So... AT/ADT does not count? From this and what Griz said, that's what I read.

From what I have found searching ADT does count but AT does not. I haven't been able to find good Navy links to info on this, someone else might have better luck, but USAF AFPC does have a handy link and here is what it says:

Qualifying Service

Involuntary mobilization - call or order to active duty under Title 10, U.S.C., Sections 688, 12301(a), 12302, 12304, 12305, 12406, or any other provision of law during a war or national emergency declared by the President or Congress. Qualifying active duty may be combined between consecutive fiscal years beginning with the FY15/FY16 crossover.

Voluntary active duty - call or order to active duty under Title 10, U.S.C., Section 12301(d)). Includes MPA or RPA provided such active duty is performed under 12301(d).

Full-time National Guard duty under a call to active service authorized by the president or secretary of defense under Title 32, U.S.C., Section 502(f) for purposes of responding to a national emergency declared by the president or a national emergency supported by federal funds.

Medical treatment/medical evaluation for disability purposes or medical study, Title 10, U.S.C., Section 12301(h)(1).

Nonqualifying Service

• 
  
• Active Guard Reserve (AGR) (Title 10, U.S.C., Sect. 12310)
• Annual Tour (Title 10, U.S.C., Sect. 12301(b))
• Captive status (Title 10, U.S.C., Sect. 12301(g))
• Call to active duty (Title 10, U.S.C., Sect. 688)
• As an Airmen not assigned to or participating satisfactorily in units (Title 10, U.S.C., 12303)
• Under active duty agreement (Title 10, U.S.C., Sect. 12311)
• Disciplinary/courts martial (Title 10, U.S.C., Sect. 12315)
• Muster duty (Title 10, U.S.C., Sect. 12319)

This handy guide tells you what orders fall under which code; ADT falls under Title 10, U.S.C., Section 12301(d) while AT falls under Title 10, U.S.C., Sect. 12301(b).

 

[Griz882]

Although we use different terms, Flash has it right. Your orders have to be correct funding source to qualify for early retirement relief. A lot of ADSW falls under Section 12311 and will not qualify you. I would recommend sending all your AD orders along with your retirement packet and let the "man" sort it out.

Also, don't forget...all you older guys...that any active duty time prior to 2008 isn't counted at all for early retirement.