New Concurrent Receipt Plan For Medical Retirees


Posted on May 15th, 2009, by James Livesay in Family Law, Military Divorce. Comments Off

More details surfaced this week on the Administration’s proposal to expand concurrent receipt to service members who were medically retired, sometimes referred to as Chapter 61 retirees.

Under the Administration’s Omnibus proposal, all Chapter 61 retirees will become eligible for Concurrent Retirement and Disability Pay (CRDP) over a five-year period starting in January 2010. The expansion will come in two phases.

The first three years of the five year phase-in opens CRDP eligibility to the more severely disabled Chapter 61 retirees with less than 20 years of service.

  • On January 1, 2010, Chapter 61 retirees with less than 20 years of service and a VA rating of either 90% or 100% become eligible
  • On January 1, 2011, Chapter 61 retirees with less than 20 years of service and a VA rating of either 70% or 80% become eligible
  • On January 1, 2012, Chapter 61 retirees with less than 20 years of service and a VA rating of either 50% or 60% become eligible.

The remaining two years of this phase-in extends CRDP to Chapter 61 retirees, regardless of years of service, with a VA rating of less than 50%.

  • On January 1, 2013, all Chapter 61 retirees with a VA rating of either 30% or 40% will become eligible
  • On January 1, 2014, all Chapter 61 retirees with any VA rating become eligible

Once this plan is completed, the only disabled retirees ineligible for CRDP will be non-medical retirees with 40% or lower VA disability ratings. The 10-year cost of the expansion is estimated to be $5.8 billion.

This new initiative represents a 180-degree turnabout from the positions of all previous Administrations, Republican or Democratic.

The military divorce attorneys of Livesay & Myers, P.C. represent clients in Fairfax, Alexandria, Arlington, Manassas, Woodbridge, Stafford, Fredericksburg and all of Northern Virginia. Contact us today to schedule a consultation.

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About 

Attorney James Livesay is a Partner at Livesay & Myers. After graduating from the University of Virginia School of Law in 1998, he began his legal career in the Navy JAG Corps, before entering private practice as a Virginia family lawyer in 2001. Along with partner Kevin Myers, Mr. Livesay founded Livesay & Myers in 2003. Today he advises the attorneys in each of the firm’s three offices.



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