The pay account of a retiree may be placed in a suspended (nonpayment) status for a definite or indefinite period of time. The pay may be suspended to comply with statutory or regulatory requirements or other legal retired pay procedures.
Statutory Requirements
The law (or statutes) may prohibit a retiree's receipt of concurrent payments, payments after a specific period of time, or payments if they fail to comply with certain legal requirements.
A retiree's pay may be suspended if they:
- Are recalled to active duty
- Request a waiver of retired pay because of:
- VA disability compensation or pension payments
- Military service being used for civil service retirement annuity
- Complete 5 years on the TDRL
- Fail to report for a required physical examination while on the TDRL or while a member of the Fleet Reserve/Fleet Marine Corps Reserve
- Are employed by a foreign government without approval
- Are a retired regular officer selling to DOD or other specified agencies during the 3 years immediately after retirement
- Are reported to be, or arefound to be, mentally incapable of managing their own affairs, and no guardian, trustee, or other legal representative has been appointed
- Are repaying readjustment pay.
Regulatory Requirements
Retired pay may be suspended for regulatory reasons if the retiree requests their check be mailed to an address in a country that our government doesn't currently get along with. See 31 CFR § 211.1 for details.
Military Department Administrative Requirements
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.
This usually has to do with failure to submit required paperwork on time, or involves an overpayment.
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