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Old 05-26-2017, 11:49 AM
 
7,649 posts, read 5,404,882 times
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Quote:
Originally Posted by GeorgiaTransplant View Post
I'm confused. If he was *full time* National Guard and retired, he should have a pension-now.

Why do you think she gets part of it, but has to wait until he's 59? Was that age, and getting part of it, in the terms of the divorce settlement? Although getting part of a pension is common, it is not automatic-it has to be in the settlement.

https://www.dfas.mil/garnishment/usfspa/faqs.html
The is only 47, too early to get pensio. He is living on disability now (I think)
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Old 05-26-2017, 12:33 PM
 
Location: Richmond, VA
2,633 posts, read 4,393,337 times
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Quote:
Originally Posted by mike1003 View Post
The is only 47, too early to get pensio. He is living on disability now (I think)
I really don't think I'm being clear, and I'd like to be to give you some clear answers back.

You said earlier he was National Guard (full time), but now you're saying it is too early to get a pension.

Here's where we're diverging.

1) Active duty soldiers who do 20 years can get a pension, and get it immediately on retiring from active duty. These are the folks who are on full-time duty as their only job.

2) National Guard soldiers who do 20 years of Guard service can get a pension, and get it at age 60. These are folks who are on part-time duty-one weekend a month, 2 weeks a year, plus deployments such as a year in Afghanistan, etc. Previous active service can be combined with Guard service, so a soldier could do, for instance, 10 years active and 10 years Guard service and get a pension at age 60.

3) There is a third category: Active Guard and Reserve. These are Guard and Reserve soldiers who are on full-time duty as their only job. These soldiers CAN get a pension, and get exactly the same kind as category 1-active duty-that they draw *immediately* on leaving the service, often as early as 38 years old.



When you say he was National Guard (full time), you are implying he was the third category-Active Guard and Reserve. But you may not have known what you meant by full time. A Guard soldier in category 2 is, by definition, not usually full time and almost always has to hold down a civilian job to pay the bills.

It sounds now like he was category 2-a traditional Guard soldier, someone who did 10 years of active service then 10 years of Guard service (which was weekends, a yearly drill, and possibly deployments), did 20 years total, 'retired' from the Guard, and is waiting until he is 60 to draw his Guard pension.

Is that the case? Category 2 (traditional Guard), or Category 3 (actual, full-time Guard)? Or is there some clarifying information you can share?
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Old 05-30-2017, 04:43 PM
 
7,649 posts, read 5,404,882 times
Reputation: 14357
Quote:
Originally Posted by GeorgiaTransplant View Post
I really don't think I'm being clear, and I'd like to be to give you some clear answers back.

You said earlier he was National Guard (full time), but now you're saying it is too early to get a pension.

Here's where we're diverging.



2) National Guard soldiers who do 20 years of Guard service can get a pension, and get it at age 60. These are folks who are on part-time duty-one weekend a month, 2 weeks a year, plus deployments such as a year in Afghanistan, etc. Previous active service can be combined with Guard service, so a soldier could do, for instance, 10 years active and 10 years Guard service and get a pension at age 60.

When you say he was National Guard (full time), you are implying he was the third category-Active Guard and Reserve. But you may not have known what you meant by full time. A Guard soldier in category 2 is, by definition, not usually full time and almost always has to hold down a civilian job to pay the bills.

It sounds now like he was category 2-a traditional Guard soldier, someone who did 10 years of active service then 10 years of Guard service (which was weekends, a yearly drill, and possibly deployments), did 20 years total, 'retired' from the Guard, and is waiting until he is 60 to draw his Guard pension.

Is that the case? Category 2 (traditional Guard), or Category 3 (actual, full-time Guard)? Or is there some clarifying information you can share?
Yes category 2.

I am sorry if I was not clear. I was never in the military due to heart issues dating back to the 60s

Any information that I have is 2nd hand from him before the divorce and our daughter when we spoke during the divorce
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Old 05-30-2017, 06:29 PM
 
Location: Central Massachusetts
4,677 posts, read 4,484,659 times
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Quote:
Originally Posted by GeorgiaTransplant View Post
I'm confused. If he was *full time* National Guard and retired, he should have a pension-now.

Why do you think she gets part of it, but has to wait until he's 59? Was that age, and getting part of it, in the terms of the divorce settlement? Although getting part of a pension is common, it is not automatic-it has to be in the settlement.

https://www.dfas.mil/garnishment/usfspa/faqs.html
you are partially right. If he was full time he could have been a dual status technician. That is a military member on the weekend and a federal employee during the week. That would mean two pensions but both might be delayed. You need to be 60 as a reservist to collect that one with a caveat deployments after Jan 2008. In the other case he could have been AGR an active duty soldier for the national guard.

As for the divorce pensions are payable to ex-spouses that have been married for at least 10 years. Ask your daughter to contact JFHQ of the national guard headquarters in whatever state you are in. PM me if you want contact numbers. I have resources and can help.
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Old 05-30-2017, 07:49 PM
 
Location: Richmond, VA
2,633 posts, read 4,393,337 times
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Quote:
Originally Posted by oldsoldier1976 View Post
you are partially right. If he was full time he could have been a dual status technician. That is a military member on the weekend and a federal employee during the week. That would mean two pensions but both might be delayed. You need to be 60 as a reservist to collect that one with a caveat deployments after Jan 2008. In the other case he could have been AGR an active duty soldier for the national guard.

As for the divorce pensions are payable to ex-spouses that have been married for at least 10 years. Ask your daughter to contact JFHQ of the national guard headquarters in whatever state you are in. PM me if you want contact numbers. I have resources and can help.
Agree they should contact the JFHQ of the state for the best answers. But some of them, he's not going to like.

One thing for sure-pensions are payable if the judge agreed. It is normal if they were married at least 10 years, but it's not automatic.

https://www.dfas.mil/garnishment/usfspa/legal.html


Quote:
Originally Posted by Mike1003
ur daughter just got divorced. Our ex-son-in-law was in the Army for 17 of their 20 years. And deployed more than half of their marriage. His last tour in Iraq did him, and them, in. He returned with severe PTSD and refused to seek treatment

I know that she is eligible for part of his pension when he turns 59 and she retires. I do not know what our adult grandchildren are entitled to

What happens if he passes away? He is now in very poor health

Just a concerned father and grand father

Mike,

There are two things going on here-pension, and what happens if he dies.

It seems like he's entitled to a reserve pension starting at 60-maybe a couple of years earlier due to deployment.

1) For entitlement to part of the pension for her, it's going to depend on the terms of the divorce settlement. The Former Spouse Protection Act *allows* judges to treat the pension as community property for 10 years of marriage over 10 years of service. It does not require it.

If the divorce settlement says she gets part-and I hope it does-she should get part. If she gave it up, and signed that she gave it up, she's got trouble.

2) Now, for the health issue. Normally spouses and former spouses are covered by what's called the 'survivor benefit plan' (SBP). SBP is basically a government-run insurance program-the retired service member gives up part of their retired pay in return for benefits for the spouse if the retired service member dies first.

SBP exists for the reserves (Reserve Component SBP, RCSBP), and premiums are paid out of the pension on retirement. If the service member dies before drawing the pension, the premiums come out of the benefit.

Service members can cancel SBP for former spouses, but can also keep it-and divorce settlements can sometimes mandate they keep it.

This is a similar situation to 1). IF the service member covered the former spouse under SBP, she's covered. If he elected to cancel it and it wasn't part of the divorce decree-she has issues.

Also, even if she's covered under SBP, if she remarries before age 55, SBP will stop while she's married-but can restart if she gets divorced from the next spouse.




For adult grandchildren, there's nothing I'm aware of they're entitled to unless they're disabled or in full time college until 22 years old. They are adults.
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Old 05-31-2017, 03:16 PM
 
7,649 posts, read 5,404,882 times
Reputation: 14357
Quote:
Originally Posted by GeorgiaTransplant View Post
Agree they should contact the JFHQ of the state for the best answers. But some of them, he's not going to like.

One thing for sure-pensions are payable if the judge agreed. It is normal if they were married at least 10 years, but it's not automatic.

https://www.dfas.mil/garnishment/usfspa/legal.html





Mike,

There are two things going on here-pension, and what happens if he dies.

It seems like he's entitled to a reserve pension starting at 60-maybe a couple of years earlier due to deployment.

1) For entitlement to part of the pension for her, it's going to depend on the terms of the divorce settlement. The Former Spouse Protection Act *allows* judges to treat the pension as community property for 10 years of marriage over 10 years of service. It does not require it.

If the divorce settlement says she gets part-and I hope it does-she should get part. If she gave it up, and signed that she gave it up, she's got trouble.

2) Now, for the health issue. Normally spouses and former spouses are covered by what's called the 'survivor benefit plan' (SBP). SBP is basically a government-run insurance program-the retired service member gives up part of their retired pay in return for benefits for the spouse if the retired service member dies first.

SBP exists for the reserves (Reserve Component SBP, RCSBP), and premiums are paid out of the pension on retirement. If the service member dies before drawing the pension, the premiums come out of the benefit.

Service members can cancel SBP for former spouses, but can also keep it-and divorce settlements can sometimes mandate they keep it.

This is a similar situation to 1). IF the service member covered the former spouse under SBP, she's covered. If he elected to cancel it and it wasn't part of the divorce decree-she has issues.

Also, even if she's covered under SBP, if she remarries before age 55, SBP will stop while she's married-but can restart if she gets divorced from the next spouse.




For adult grandchildren, there's nothing I'm aware of they're entitled to unless they're disabled or in full time college until 22 years old. They are adults.
Thank you (and OldSoldier1976) for your service and for the information.

I am going to see my daughter next month and she will show me her divorce decree. One granddaughter is 17 and may, or may not, go to college.

Oldsoldier hit the nail on the head, he was a dual status tech.

Hopefully I can make he divorce papers make sense

Thank you Thank you Thank you!!!
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