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Concurrent Receipt of Military Retired Pay And Disability Pay Procedures

Effective for payments made after January 1, 2004, the law was changed to allow certain military retirees (those who have a 50 percent disability rating or higher) to receive both disability payments from the Department of Veterans Affairs and their military retired pay from the Defense Finance and Accounting Service. The law is called "concurrent receipt." This concurrent receipt will be phased in over 10 years, so at the present, it is not a dollar for dollar provision. Those with 50% disability will get $100 more each month, those with 60% will get $125, those with 70% will get $250, those with 80% will get $350, those with 90% will get $500 and those with 100% disability will get $750. Over the ten years, these amounts will increase until they are equivalent to the amount waived. This change in the law will allow former spouses of the retirees and recipients of child support and/or alimony to begin receiving payments from the retirees' military retired pay again. Following are the procedures for restarting/starting payments.

Notice to Former Spouses Entitled to Payments under the USFSPA

In cases where we have a complete application on file for you, but you have not received any payments due to the retiree's being 100 percent disabled, or you have received partial payments due the retiree's being partially disabled, you will need to send a written request, with your current payment address, to restart your payments.

Fax your written request to:

(216) 522-6960 or

Mail it to:

DFAS-GAG/CL P.O. Box 998002 Cleveland OH 44199-8002.

Include the retiree's name and social security number for proper routing.

In cases where we no longer have your application on file, you will need to reapply under the USFSPA to restart your payments. Please refer to our USFSPA Fact Sheet and FAQs for more information regarding how to reapply.

There is no authority for us to issue retroactive payments.

Notice to Parties Who have Withholding Orders for Child Support or Alimony

In cases where we receive a request to restart child support or alimony payments, if we have a withholding order on file that you served on or after January 1, 2004, we can restart the payments based on that order. If you served a withholding order prior to January 1, 2004, and it was rejected because no funds were available, then you will have to re-serve the withholding order to restart the payments.

Fax the withholding order to:

(216) 522-6960 or

Mail it to:

DFAS-GAG/CL P.O. Box 998002 Cleveland OH 44199-8002.

Include the retiree's name and social security number for proper routing. We cannot issue retroactive payments. To collect an arrearage that has accrued, please obtain a withholding order that includes a payment toward the arrearage. Please refer to our Child Support and Alimony Fact Sheet and FAQs for more information.

This document was obtained from http://www.mclauhead.com.

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