beenthere
newbie
Reged: 02/12/05
Posts: 40
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Re: Retirement waived for CRDP/CRSC post final decree *DELETED*
10/12/06 07:23 PM
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I'll make this part short and sweet and hope I dont miss anything. Apologies beforehand if I do miss, misstate or confuse an issue:
1. When disability is elected, (CRDP) retirement pay decreases to offset the amount being paid as disability. However, disability pay is nontaxable actually resulting in an increase in pay for retiree and a loss for FS.
2. In my case there were no post decree promotions for the ex so I cannot state how this was handled since it was a nonissue. I do understand that there are ways that these issues are taken into consideration and dealt with, whether it is a set amount calculated at the time of the final decree with COLA being included or a couple of other options. That is one of the areas a sharp attorney needs to be on board.
3.I don't know what a crying towel is so therefore I dont think I have ever had nor have I ever needed one.
4. If a divorce has not occurred until after concurrent receipt is fully implemented, the FS may not lose anything. If on the other hand the FS was receiving retirement payments when CRDP/CRSC began, then a decrease or halting altogether of payments could happen. When in 6 or 7 years CRDP is fully implemented then ideally the FS will no longer be losing money. But in the meantime the FS has lost considerably and the retiree has benefitted by gaining the loss incurred by the FS in a unilateral change. CRSC is classified the same as disability meaning nondivisible. So it depends on which type of concurrent receipt you are speaking about.
The courts have to have a way to protect the interest of a FS in these instances.
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Mottos to live by
Illegitimi non carborundum.
"Even truth in the mouth of a liar is doubtful."
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