Federal Register - June 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 115 / Thursday, June 17, 2021 / Rules and Regulations
Type of Payment
Lifetime DoD
and VA
Compensation After Disability Retirement
32207
Description
a 0-3 Over 8 Age 30, Married Male with Two Children with 100%
Disability
b E-6 Over8
Age 26, Married Female with Two Children with 100%
Disability
c 0-3 Over 8, Age30
Married Male with Two Children with 50%
Disability
d E-6 Over 8
Age 26, Married Female with Two Children with 50%
Disability
Annual total multiplied by the number of years of projected life. The life expectation for a male 30year-old retired officer is 54.5 additional years. The life expectation for a female 26-year-old retired enlisted member is 56.5
additional years.
Amounts shown are in 2020 dollars without taking into account annual cost-of-living adjustments COLA i.e., the present value. The current COLA estimate used by the DoD Board of Actuaries for calculating future military retired pay is 2.75 percent per year.
$2,969,814
$2,367,576
$1,979,658
$1,137,684
BILLING CODE 500106C
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We estimate that 7 claims per year would have damages that would exceed 19 In these tables, O5 refers to an officer grade;
E4 to an enlisted grade.
20 Amount shown is annual. The spouse SBP
annuity is 55% of what retired pay would have been had the member retired with a full disability retirement on the date of his or her death. SBP is adjusted annually for cost-of-living. The amount reflected is for 2020 and assumes the spouse receives the full amount of SBP. SBP is subject to offset if the spouse also receives DIC only for the portion of DIC payable to the spouse. If SBP is paid to the children instead of the spouse, there is no offset but the annuity ends when all children reach the age of majority.
21 Basic Monthly Rate for 2020 is $1,340.14 plus $332.00 per child age 18 or younger. $16,081 is payable as DIC for the spouse which is offset against SBP.
22 SSIA is only received if SBP is reduced by the amount of DIC. If children receive SBP in full while the spouse receives DIC, no SSIA is paid.
23 The total payout for the spouse of the E4 is higher than that for the E6 because the spouse is 7 years younger, but both live until age 87.
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the offset amount of $1.1 million. We used the notional example in Table 2d, the lowest of the estimates in the notional examples, as the basis for the $1.1 million offset. For the Table 2b example of the married enlisted member with two children in the grade of E6
who is medically retired with a 50
24 For simplicity of calculation, each member is assumed to have 12 months of service over 8
years and 24 months of service over 6 years in the same paygrade they currently hold, with a retirement date of December 31, 2019. Prior to retirement, each member was covered under the High-3 retirement program.
25 For members who entered service prior to January 1, 2018, the applicable multiplier is 2.5
percent unless the member elected to opt into the Blended Retirement System or elected the Career Status Bonus and converted to the REDUX
retirement program. For these examples, all members are assumed to have remained under the legacy High-3 retirement program with a 2.5
percent multiplier.
26 Rates for veteran + spouse + child + additional child at https www.benefits.va.gov/
COMPENSATION/resources_comp01.aspBM05.
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percent disability rating, the current value of her lifetime compensation would be $1,142,430. In addition to the $1,142,430 paid, benefits include medical care for the retired Service member and her family. All these amounts would offset any damages award.
We then estimated the number of claims likely to exceed $1.1 million using claims data from non-Service member claims under the FTCA or MCA. In 2019 and 2020, the Military Departments had 14 claims from retirees or dependents under the FTCA or MCA
with damages that exceeded $1.1
million, whether through settlement or an adverse court judgment. The average amount payable for these 14 claims over 2 years was approximately $2.7 million.
In one year, therefore, we estimate that 7 claims by Service members would go forward that exceed the $1.1 million threshold for payable damages.
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