Suspension of Pay
Military retirement pay may be suspended to comply with statutory or regulatory requirements, or Military Department procedures. Such suspensions are not necessarily permanent. When a retired member is missing and there is no information concerning the member's whereabouts, the member's retired pay must be suspended from the date that the member was last known to be alive. The following is a summary of the suspension of retirement pay:
The statutes may prohibit the retiree's receipt of concurrent payments, payments after a specific period of time, or payments if a member fails to comply with statutory requirements.
A retiree's pay is suspended if the retiree:
- Is recalled to active duty; or
- Request for waiver of retired pay because of:
- Award of Department of Veterans Affairs disability compensation or pension payments, or
- Military service being used for United States civil service retirement annuity purposes; or
- Completes 5 years on the TDRL; or
- Fails to report for a required physical examination while on the TDRL or while a member of the Fleet Reserve/Fleet Marine Corps Reserve; or
- Is employed by a foreign government (to include local government units within a foreign country as well as the national government itself) without applicable congressional or secretarial approval; or
- Is a retired regular officer selling to Department of Defense or other specified agencies during the 3 years immediately after retirement; or
- Is reported to be, or is found to be, mentally incapable of managing his or her own affairs, and no guardian, trustee, or other legal representative has been appointed; or
- Is repaying readjustment pay.
Retired pay may be suspended if certain situations exist when regulations prohibit making if the retiree requests that the retired pay check be mailed to certain foreign countries.
Procedures of the Military Departments may suspend retired pays under authority of the head of the retired pay activity, if the retiree fails to take necessary administrative actions on time, or if the retiree declines further payments.
Retired pay is suspended if the retiree:
- Fails to furnish a required proof of existence;
- Fails to notify the cognizant Military Department of an address change and the retiree's current address is unknown;
- Refuses to accept further payments; or
- Is potentially being overpaid because there is some doubt concerning entitlement.
Retired pay may be suspended if the retiree is repaying government debts or delinquent RSFPP or SBP costs.