Military Retirement Pay Changes – Congress to Change Military Retiree Benefits
Military Retirement Changes are on the agenda in Congress.
Military retirement changes and military pay cuts have been highlighted in Internet discussions, and on September 18, 2011, the issue was raised by James Dao and Mary Williams Walsh in the New York Times article, Retiree Benefits for the Military Could Face Cuts.
Most of the article reiterated issues already brought up in 2011:
- Government needs to reduce government debt
- Military retired pay is an expensive government expense, so let’s cut that
The article brought up two areas believed by some to be unfair:
- Veterans with twenty years of service are eligible to begin receiving military retired benefits immediately (without waiting until age 65)
- Those leaving service with less than twenty years receive no pay, and this includes those who may have served in combat areas.
Congress Thinks “Retiree Benefit Changes” means Changing the “Military Pension”
- The Military Pension:There is no pension for the military. More accurately, there is military retainer pay – pay received for reduced service – so our country can recall service members when needed.The New York Times reported, “Steve Griffin of Tallahassee, Fla., is the type of soldier the defense board is trying to appeal to: a former captain who did two tours in Iraq, he left the Army in 2010 after five years of service and thus receives no pension.”Steve Griffin receives no pension, but he will also not be recalled back to service. (Note: Steve Griffin does not support the changes proposed by Congress.)If the proposed changes took place, will the 5 year retiree be potentially called back to service?
Military Retirement Changes Impact Military Spouses (the USFSPA):
- Congress proposes military retiree benefit changes to bring military retainer pay in line with typical pension plans; to give a “military retirement pension” to those serving less than twenty years.Perhaps those who serve less than twenty years will embrace this type of change. (Steve Griffin, above, would then receive pay.)Former spouse can rejoice too. Now the courts will be able to split, divide, or slice up this new “retirement pension” in any military divorce.The Uniformed Services Former Spouses Protection Act (USFSPA) permits courts to divide the disposable military retainer pay of retired service members. For a former military spouse to receive a division of pay, the service member must actually “retire,” which currently happens on or after twenty years. But with the new proposal, the military service member could now receive retirement pay after, for example, five years – and this can, by law, now be divided with the former spouse. (I wonder how appealing this is to our current service members.)
Former Military Spouse Benefits: Commissary and Health Benefits
- Beyond the division of pay, will the new rules also provide commissary and medical benefits to former military spouses? Currently, there is a 20-20-20 rule (dependent on years of marriage overlapped with years of military service) impacting former military spouse’s use of the commissary and medical benefits. If now service members will be able to “retire” at 5 years, let’s not forget about the former military spouses. Do we now add corresponding verbiage for a new 5-5-5 rule whereby former military spouses would now only need a five year overlap to receive commissary and medical benefits? A little absurd? I think so.
The New York Times reported that Defense Secretary Leon E. Panetta said, “We’ve got to put everything on the table,” – but the fact is – we do not. Military retirement benefits shouldn’t be a factor in solving the government budget deficit.
Keeping an Eye on Future Military Retiree Pay Changes
More ideas on changes to retired pay are currently being discussed in Congress. At the moment, they appear to only impact non-retired service members:
2014 COLA Changes Impact Military Retirement Pay – #KeepYourPromise
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Carole DeLancy July 24, 2013 I can relate to these ladies feelings, I was married for 28 years, in service with him for 13. We divorced, two months later he remarried. AND guess who gets all of my military benefits when some stupid idiot goes to congress and gets the laws changed, we are the ones who went through the cruises, taking care of the kids and home etc. these new wives don’t even know what a military base looks like and yet they have benefits…..Where is the justice in this….In my opinion these new wives should have NO benefits, they did nothing to earn them….NOTHING…. I don’t understand how this is justified in the eyes of congress etc. Like the other lady, I have some health issues, not bad but I can’t work so I had to go and apply for Medicaid. You go in there and they look at you like TRASH. it has been the most insulting and i
embarrassing thing to have to go through. I have been a military wife for over24 yrs. but because I was married prior, it doesn’t count. Being there for your spouse is the main thing… Yeah, being a military wife is the toughest job…..We get kicked around and no one cares…..BUT then again it goes back to it’s a mans world…They get the support and help from us trade us in and their finances are fine, they have medical for their selves and their new wives. Good Luck to all of the military wives every where…..We have no one to fight for us. Myself and others should have been grandfathered in as we retired after this law was changed.
I was married for 29 years, and my ex-husband served 21 years in the Air Force during that time. I have health problems that make me “un-insurable” on the outside. My ex decided to divorce me in Nov. of 2009. I was told, by my attorney in GA, that under the 20-20-20- rule, I qualified to get health benefits for life, EVEN IF I REMARRIED. I have since found out that was changed. I feel like I have earned those benefits much more than my ex’s current wife who never served a minute as a military wife! So, I guess that “the hardest job in the military is the spouse” is a lie. It is SO unfair. I never wanted the divorce, my whole life changed, my health is not good, but I want to remarry. I am penalized for his sin, and left with no choice to remain single. I just don’t understand how the people who decide these rules and changes can sleep at night when making life altering changes and laws. I wonder how THEY would feel if it were them! OH! That’s right, they don’t have to worry about those things do they?
Unfortunately, due to high year tenure, my spouse was unable to go beyond 20 years so delaying a divorce is not an option
Direct link to petition
I am advocating for changes to 20/20/15 rule of USFSPA.It is criminal that after 19 years 3 months of marriage,I am entitled to only 1 year of medical benefits.Those that meet the 20/20/15 rule should retain full benefits enjoyed by those that meet the 20/20/20 rule. Benefits are compensation for sacrifices that I and others made in our personal and professional lives.
Hi Kelly
Thank you for raising this issue as I am sure there are many situations like yours. If you are not yet divorced, I would suggest asking your lawyer to negotiate a delay of divorce so you could qualify for the 20/20/20 medical rule. Congressional changes take time, so an extension of the “date of divorce” is the best solution for spouses close to qualifying for a particular benefit in a military divorce. Delaying divorce is touched on in my book, Military Divorce Tips.
Feel free to resubmit a direct petition link if you have one, (the original link went to a home page).
I can relate to Kelly’s situtation. I have 19 years and 5 months of overlap of marriage when my husband who cheated on me while he was in the military with another married military member and then got out in hopes to marry this person. He soon left our family abruptly to another state after that. I had asked for a separation in May of 2011 due to his infidelity, his emotional abuse to me and my children, and other violations of the marriage I will not discuss.
I am still married to him, but he lives in another state and is enjoying the fruits of his retirement, while I am trying to to rob Peter to pay Paul. I struggle everyday to try to insure that our family is still in “normal” routine, and all he wants to do is prolong the inevitable and drag this divorce out.
I had served alongside with him as a supportive military spouse and had got him to get to the highest he can in his career field and I also raised and still am caring for our 2 special needs children. I know that I have earned my 20 years of military spouse benefits and I will be losing them as soon as this divorce is finalized. One of my boys turned 18 years in 2012 (he is now emancipated due to state regulations) and all I get is a tiny bit of child support for the other son who has now turned 16 years. I get no alimony and I was left with raising the children with no one to give me a break and will soon lose out on child support in 2 years. My health has also been compromised due to the stresses of divorce proceedings and child raising and working full-time to pay the bills. I know that my husband (soon to be ex) has done well getting a career started after his retirement and will have all his earned benefits and retirement pay the rest of his life.
Why can’t there be an exception to the rule when it comes to being within a year of the 20 years of marriage overlap and military career and grandfathering the time in when a military spouse or former military spouse has been faithful and family oriented and supportive for years to the former miltary member.
Where can we take this information and create a bill to turn this around? I would like to have my benefits for the rest of my life as well. I only get 1 year of medical after our divorce and that is it. I am still married to my husband who left us. I am now 21 years and 9 months married now. He has long since retired as of Jan. 2011. Is there any hope for situations like mine and how can we reappeal the 20/20/20 rule to make an exception to the rule?
Jo, Your situation sounds like you may qualify for CHCBP (which you will pay a premium for). If your decree awarded a division of pay, CHCBP can last until the service member passes away. If you were awarded SBP, then CHCBP can last for your lifetime (even if the service member passes first). The best option though is for spouses to delay a divorce to qualify for the 20/20/20. Our recent post about accounting for Tricare Benefits in an equitable divorce may also help in negotiations: Click Here