
Military Updates
CRSC Article Added
See the new article on Combat-Related Special Compensation (CRSC), a program similar to CRDP in that they both help to offset the VA waiver. The article explains what CRSC is, who is eligible, and the interplay between CRSC, military retirement, the VA waiver, and CRDP.
Disability Articles Added
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.
Military Spouses Residency Relief Act
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.
TDRL / PDRL Disability Pay Not Divisible
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.
