sigtauenus

I know this topic is focused on VSP, but I'm wondering how the involuntary sep pay fits into this. Of course that isn't an issue if they end up promoting me with all the guys bailing this year, then I'll just be unemployed with no parachute.

nightfreight

I understand that if you guys that take the VSP end up retiring from the guard that you will be required to pay back the VSP money. Now, if they took 25% taxes from the VSP, you will still be required to pay the entire VSP? Sounds like you may pay taxes to the feds then have to pay back the entire amount?

ficone

I haven't asked about this yet, but I would probably count on not getting those taxes back. Though perhaps once you started receiving the retirement pay, whatever portion of your paycheck went towards the repayment would be non taxable?

Any people out there smart on the IRS?

viperdriver

When you pay back a bonus they give you a W-2 with your payback amount as a deduction. Course that is how it is supposed to work, really you have to find the right govt dept and hound them forever to send you one. Or you put the ammount in the misc deductions part of 1040

What kills you is when you pay taxes in a 26% bracket and then when you pay it back you are in 10% bracket. Ouch

ficone

Some more email traffic with AFPC on the issue - FYI, if I were hired by this Guard unit, I would be on Traditional orders, while the Joint Counter Narco Terrorism TF would pick up the rest of my full-time pay and benefits. I'm still thinking this AFPC Maj isn't fully reading into my situation (i.e. the JCNTF). Any thoughts?

Me:

"This still doesn't seem to be jiving with either the USC or the 2006
NDAA. Could you please cite your sources?

The USC Title 10 (Subsection 101 - Definitions - (d) Duty Status - 6A)
says that 180 or more days would constitute "active Guard and Reserve
duty." 6Biii goes on to say that "Duty performed for the purpose of
interdiction and counter-drug activities for which funds have been
provided under section 112 of title 32" does not fall under the term
"active Guard and Reserve duty."

So since "active duty" specifically does not include "full-time
National
Guard duty," and AGR does not include counter-drug duty, the JCNTF
(which was founded under section 112 of title 32) should not be
considered active duty or AGR, and thus not subject to recoupment,
right?"


Her reply:

"Following is a response from AF/JAA to Air Staff on the issue.

################################################## ###############

"While 10 USC 1175(j)(1) could have been better written, it is clear
from the context of subsections ((2) and (3)) that the statutory
recoupment provision applies to active duty and FTNG alike.
Legislative history (Conference Report) further supports the notion that that 1175a's intent is not to allow members to be paid VSP and then to
permit a voluntary return to duty to perform FTNG duty for 180 days or more without repayment of some portion of the VSP (the traditional
Congressional resistance to "double dipping.")

10 USC 101(d(5) defines "full-time National Guard duty: "...training or
other duty, other than inactive duty, performed by a member of the Army
National Guard of the United States or the Air National Guard of the
United States in the member's status as a member of the National Guard
of a State or territory, the Commonwealth of Puerto Rico, or the
District of Columbia under section 316, 502, 503, 504, or 505 of title
32 for which the member is entitled to pay from the United States or
for which the member has waived pay from the United States."

################################################## ###############

Per the statement above, recoupment would be required."

BNUT

I've seen a post that said 18 days after separation date for receiving the pay. I need the cash for a house down payment--I might need to move up my sep date if it's going to take longer than two weeks. My buddy said he received it in the pay period after his sep date, i.e. 15th of the month sep date and 31st of the month final paycheck with vsp. Any ideas?

MoosePileit

Ask the finance folks at YOUR base of final outprocessing- they will probably sit on it over a week even though the VSP messages say it's paid on date of Separation. They'll have lots of excuses why they have to wait- it's to make sure you're not really a criminal that pulled the wool over on everyone but finance or some other b.s. - good luck!

ficone

I know everyone who took VSP-1 has separated by now, but maybe this will help out the guys who are taking VSP-2.

AFPC now seems to have solid guidance filtered down to the individual MPF's regarding the TAMP benefits (or lack thereof) for VSP-ers. The code on our separation orders (FCC or MCN) is not authorized to get the TAMP. The decision (even though I don't think it's within the bounds of the VSP US Code) was made by SECAF, so if you want to challenge it, that's the level you need to go to.

Though I (and the other 2 guys in my unit) didn't get the Medical: YES on our ID cards, they did issue us a green ID that never expires - so we have access to pretty much everything else on base, just not medical.

One guy originally got the Medical: YES, but they called him back in on Friday to make him get a new ID.

sigtauenus

So you are separating with full benefits other than medical? What kind of program is that?

SJF15E

Sig,

Your base MPF will assign your sep orders a SPD code which is the 3 letter code that the previous post alluded to. They have a reg and some accompanying memos that define what benefits go with which code. If you are taking VSP they will have a list of what you get and don't get (medical, permissive TDY, TMO move destination, etc), if you are just plain old separating like I am you pretty much get bubkus.

FYI, if you are concerned about medical I have found 3 main options for those not getting TAMP: 1) Get Blue Cross Blue Shield or some other HMO (expensive for family) 2) Pay for Tricare at the rate of $2000 per quarter or 3) if joining the guard or reserve you can get Tricare Standard for $253 a month.

I am taking option 3.