The article on the Temporary Disability Retired List (TDRL) and Permanent Disability Retired List (PDRL) has been updated to include an explanation of the amount of benefits, and a brand new Colorado court of appeals case against dividing TDRL payments even when a servicemember has more than 20 years of service.

There are no special service of process requirements applicable to servicemembers, there are numerous considerations which have a practical effect on one's ability to serve military personnel.  See the new article on Service of Process on Military Personnel for guidance on serving legal documents on servicemembers in the U.S. or stationed abroad.  

An article was added to the disability section on Traumatic SGLI (TSGLI) payments - a tax-free insurance payment to servicemembers who suffer injuries as a result of traumatic events.

A new article on Mixed Reserve & Active Time for 20/20/20 Benefits has been added to the Former Spouse Military Benefits section of the guide.  The answer is not simple, as there is no clear-cut consensus on how reserve time counts towards active duty benefits.

Sadly, the wars in Iraq and Afghanistan are resulting in an increased emphasis on what happens with disabled servicemembers.  Two new articles have been added on this topic about servicemembers who may be entitled to disability or severance pay if not otherwise entitled to a normal military retirement::

• Temporary / Permanent Disability Retired List (TDRL / PDRL), which applies to servicemembers who are unfit for duty and have at least a 30% disability rating, and
• Disability Severance Pay, which applies to servicemembers who are unfit for duty but do not have at least a 30% rating.

Last year, Congress enacted P.L. 111-97, the Military Spouses Residency Relief Act, which provides military spouses essentially identical rights as servicemembers on the issue of domicile.  What this means is that 50 U.S. Code App. §571 was amended so that for purposes of taxation, a military spouse with the same state of residence as the servicemember cannot be taxed by the state where they reside pursuant to military orders, and 50 U.S. Code App. §595 was amended so the military spouse does not lose his/her state of residence for voting purposes when moving with the servicemember pursuant to military orders.

In 2009, the Colorado Court of Appeals ruled that pay received by a servicemember who was not fit for duty, and therefore receiving disability pay while on the Temporary Disability Retired List (TDRL) was NOT divisible marital property subject to division.  In re: Marriage of Williamson, 205 P.2d 538 (Colo. App. 2009).  Click here for details. test test  test test  test test  test test  test test  test  test test  test test  test test  test test  test test  test test   test test  test test  test test  test test test test  test test  test test  test test  test test  test test   test test test  test test  test test  test test  test test  test test   test test test  test 

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