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Military Retainer Pay

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After 22 years service in the reserves(6 active)I retired. While selecting survivor benefits I realized that my retired pay will be penalized and lower. Because I receive no benefits until age 60, but a selected survivor benefits to start immediately upon my death, my suvivor annuity charges for the next 15 years will not be deducted until I start collecting the retired pay! Aside from still being eligable for recall (as my active duty retired collegues are) the retirement calculations are the same except the active people get to collect retainer pay and I do not. I believe this is unfair and is there any cause for legal action.



You have no legal cause of action. That is not unlawful discrimination. Rather, that is a clear example of Congress exercising their lawmaking right regarding military retirees. Your only solution is to dedicate the next years of your life to petitioning Congress to change that law.

Mark B. Replogle

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