Pay and allowance questions (flight, hazard duty, family separation)

[Herk Driver]

I checked the link that Baseops.Net posted above, but does anyone have an official website that governs the family separation allowance (i.e., something I can look up, print out, and take into finance)?

Thanks!

Try this. It's not the reg (still looking, but it's off the DFAS website).

FSA

This may be better as it's not aimed at wounded troops circmstances.

More FSA

DoD Pay and Finance Reg - all about FSA

What is finance trying to do now? They don't want to pay you FSA?

Edited February 24, 2009 by Herk Driver

[Finance_Guy]

I checked the link that Baseops.Net posted above, but does anyone have an official website that governs the family separation allowance (i.e., something I can look up, print out, and take into finance)?

What is finance trying to do now? They don't want to pay you FSA?

Yeah, what's up? What's the question/scenario?

[Champ Kind]

I was trying to look up whether or not I am entitled to FSA if I am stationed overseas and I am TDY to the States for more than 30 days. Based on some of the unofficial things I'd read, it would appear that I am, but I don't walk into finance anymore without having first seen the reg in black & white, and I usually have a copy of the applicable section in-hand for when they say, "Uhhh.... sorry, sir, but...."

[Finance_Guy]

Finance Guy,

If you separate from active duty, then go Guard/Reserve, do you get an initial uniform allowance?

https://www.military.com/benefits/military-...ng-allowances#4

Do you wear different uniforms? If not, then it appears the note doesn't allow for another payment.

I was trying to look up whether or not I am entitled to FSA if I am stationed overseas and I am TDY to the States for more than 30 days. Based on some of the unofficial things I'd read, it would appear that I am, but I don't walk into finance anymore without having first seen the reg in black & white, and I usually have a copy of the applicable section in-hand for when they say, "Uhhh.... sorry, sir, but...."

First I'm guessing you have dependents. Will the dependents stay in the OS area? If so and you are TDY for more than 30 days you should be authorized FSA provided you are not legally separated or your dependents are not institutionalized. All those statements on the FSA DD Form 1561. Now if you go TDY and the dependents go with you or are already at the TDY area, then you would not receive FSA. But if dependent are merely visiting for 30 days or less, FSA should continue to accrue.

DD FM 1561 certifications (all that apply)

a. I am not divorced or legally separated from my spouse.

b. My dependent child (children) was (were) not in the legal custody of another person when I received my military orders.

c. My dependent (other than my spouse; see line f. below) is not a member of the military service on active duty.

d. My sole dependent is not in an institution for a known period of over 1 year or a period expected to exceed 1 year.

The link HerkDriver gave for the DoD FMR Vol 7A, chapter 27 is the governing reg but isn't an easy read. Some useful quotes:

The member is on temporary duty (TDY) (or temporary additional duty) away from the permanent station continuously for more than 30 days, and the member’s dependents are not residing at or near the TDY station.

Credit continues to accrue to a member whose dependents visit at or near the temporary duty station continuously for 30 days or less. Facts must show that the dependents are merely visiting. If the visit exceeds 30 days, the member is not entitled to FSA-T for any part of the period, unless the visit is extended because of illness or other emergency.

[Champ Kind]

Thanks a lot, guys.

[Herk Driver]

I was trying to look up whether or not I am entitled to FSA if I am stationed overseas and I am TDY to the States for more than 30 days. Based on some of the unofficial things I'd read, it would appear that I am, but I don't walk into finance anymore without having first seen the reg in black & white, and I usually have a copy of the applicable section in-hand for when they say, "Uhhh.... sorry, sir, but...."

No problem. And yes, you would be entitled as long as you meet the stuff that Finance Guy mentioned. Good luck getting paid though if your voucher goes to Ellsworth. It took me about 6 months to get the FSA after the TDY was complete. And yes, I sent all the paper work in the first time. Actually, my finance guy here just kept answering my emails with the cc of the email he was re-sending with the attachments, Again. Not sure that Ellsworth thing is working out too well just yet.

[Karl Hungus]

Did a search, this was the closest topic I could find and it didn't really answer my question, nor did the FAQs...

Is COLA based on your physical address or your duty station? Example, duty station is McGuire, living in Philly. Philly gets COLA. I want COLA. Hoping it's not based off your duty station like BAH....

Along those lines, I'd like to keep my residency from a certain tax free state, and I actually do own property there (for the next couple months at least). Will keeping that state as my residency override getting COLA, even if I could get it?

[Jughead]

Is COLA based on your physical address or your duty station? Example, duty station is McGuire, living in Philly. Philly gets COLA. I want COLA. Hoping it's not based off your duty station like BAH....

Along those lines, I'd like to keep my residency from a certain tax free state, and I actually do own property there (for the next couple months at least). Will keeping that state as my residency override getting COLA, even if I could get it?

CONUS COLA is based on your duty station. Period.

Your state of legal residence doesn't enter into the equation, nor is it impacted based on receipt/non-receipt of COLA (or any other allowance), nor is there any stipulation about living in the same state as your duty station.

EDIT: Since we're talking about CONUS COLA, here's one: it's the only allowance (that I know of) that's taxable. Not really an allowance, then, is it? It's really a pay?

Edited May 11, 2009 by Jughead

[Finance_Guy]

CONUS COLA is based on your duty station. Period.

Your state of legal residence doesn't enter into the equation, nor is it impacted based on receipt/non-receipt of COLA (or any other allowance), nor is there any stipulation about living in the same state as your duty station.

EDIT: Since we're talking about CONUS COLA, here's one: it's the only allowance (that I know of) that's taxable. Not really an allowance, then, is it? It's really a pay?

Jughead, correct given the scenario and details provided. But To further clarify, CONUS COLA is not always based on your duty station when you have dependents. Check JFTR para U8016. Members can file waivers to receive the CONUS COLA when a dependent resides separately from the member. Sub para B lists some common reasons when this alternate location would be routinely approved. Note one is for I-TDY (aka Extended Deployment) and another for PME. These approvals would be similar to the BAH waivers members can request.

The amount of CONUS COLA you receive is also based on whether you have depedents or not.

CONUS COLA is taxable due to the fact it was approved by Congress in the FY 1995 National Defense Authorization Act. Since this was a new "allowance" it's not excluded from income due to the Tax Reform act of 1984 (enacted in 1986). Any allowances already in place by 1986 remained non-taxable, but any new allowances created after that date are taxable even though they are classified an allowance.

Edited May 12, 2009 by Finance_Guy

[Jughead]

To further clarify

Good point, thanks--as you say, I wasn't looking any further than the example presented, didn't want to mislead Karl Hungus (or anyone else)....

Good info on the taxable status, never knew that! Thanks....

[Butters]

Any word on when they are going to start prorating HFP? I keep hearing they are and it never happens.

[Finance_Guy]

Protated IDP is here. See below and attached OSD memo and notice projected to be posted on myPay. No changes to CZTE except for the fact that a lesser amount of IDP would be added to the highest enlisted base pay instead of the full $225. If in the zone for the entire month, then really no changes to CZTE.

Early Bird Article -- Military Danger Pay Now Calculated By The Day, Not The Month

GovExec.com

February 2, 2012

Military Danger Pay Now Calculated By The Day, Not The Month

By Amanda Palleschi

Military service members now are receiving imminent danger pay only for days

spent in hazardous areas, Pentagon officials have announced.

The change went into effect Wednesday and was part of the 2012 National

Defense Authorization Act signed by President Obama on Dec. 31, 2011.

The act required the Defense Department to pay service members imminent

danger pay only for the time they spend in areas that qualify for the pay.

Previously, a military member could receive $225 per month for spending any

amount of time in an area considered "hazardous."

Service members will now receive $7.50 per day for days spent in these

zones. Prorated amounts reflecting these changes will be visible in Feb. 15

pay records, the Pentagon said.

The change will require personnel traveling to the zones for fewer than 30

days to keep track of each day they are in the area, officials said. Defense

defines "imminent danger pay" as "places where members are subject to the

threat of physical harm or imminent danger because of civil insurrection,

civil war, terrorism or wartime conditions."

The military services can waive or remit debts for members who could have

been overpaid for January "when there is no indication of fraud, fault,

misrepresentation or when members were unaware they were overpaid," Pentagon

spokeswoman Eileen Lainez said in a statement.

Signed Policy - Prorate IDP - 31 Jan 2012.pdf

DRAFT_MyPay_msg.pdf

[And1]

Just got the email announcing this. I understood it as saying IDP is pro-rated, but HFP is not. Of course I opened up mypay to see which one is on my LES. It lists both. Not sure which one we actually are getting since the loads always take care of the entire crew and file all the paperwork. So, a few questions...

1. If we get to OEF for 1 day during a normal 7 day trip out of CHS, do we get 7.50 for IDP, or 225 for HFP for the month?

2. If we get to OEF every other day (15 days) while deployed to OTBH for the entire month, do we get 112.50 for IDP, 225 for IDP, or 225 for HFP?

3. Do we get tax free for the entire month in both of the above cases, or is it pro-rated as well?

Thanks for helping the slow learners...

[Finance_Guy]

Just got the email announcing this. I understood it as saying IDP is pro-rated, but HFP is not. Of course I opened up mypay to see which one is on my LES. It lists both. Not sure which one we actually are getting since the loads always take care of the entire crew and file all the paperwork. So, a few questions...

1. If we get to OEF for 1 day during a normal 7 day trip out of CHS, do we get 7.50 for IDP, or 225 for HFP for the month?

2. If we get to OEF every other day (15 days) while deployed to OTBH for the entire month, do we get 112.50 for IDP, 225 for IDP, or 225 for HFP?

3. Do we get tax free for the entire month in both of the above cases, or is it pro-rated as well?

Thanks for helping the slow learners...

The key difference in IDP and HFP, with HFP, the scenario requires that you were subject to actual rounds being fired at you (or the aircraft), or an explosion occured where you were close enough to have been in danger. So in your examples 1 and 2, you get prorated IDP, and as already mentioned, tax free (CZTE) is not prorated.

Now if #1 read this way, you'd get HFP: If we get to OEF for 1 day during a normal 7 day trip out of CHS and our plane is hit by a rocket propelled grenade, luckily we were not hurt.

Another key difference is you qualify for the prorated IDP with only your filed travel voucher. With HFP, your commander has to certify you were entitled. Simply put for HFP, you must have been in danger, whereas with IDP, danger "could" occur, it just did not.

DoD Compensation page has this to say:

The commander determines HFP based on whether a member is:

• Subject to hostile fire or mine explosions
  
• In an area near hostile fire or mine explosions which endanger the member
  
• Killed, injured, or wounded by hostile fire, mines, or any hostile action
  

https://militarypay.defense.gov/pay/hfp_idp.html

[MitchS]

Questions about FSA eligibility:

I commissioned in May and will be leaving for UPT at Cbus early next year. My girlfriend is in law school at Texas Tech--she's currently a paralegal in the ANG but she's set to contract into ROTC in a couple months, and is going to commission into the JAG Corps through them. We're planning on getting married next year, and since we would still be long-distance but she'd now be my dependent, that brings up the question of FSA.

1)   Does the fact that she's contracted at her detachment and therefore "unable to accompany" me while I'm at UPT (and vice-versa) make us eligible for FSA? It seems appropriate, considering we're both doing military training (well... ROTC) and we'll be separated well into my follow-on training in Jan 2019 because of it.

2)   Also... This makes me cringe just to ask, but is a UPT-LT/contract-cadet married couple considered by finance to be mil-to-mil? That would change the terms of FSA eligibility, so it's relevant, even if saying it out loud that way is asking to be punched in the d*ck.

Thanks.

[di1630]

I don't think you qualify on either issue. I could be wrong but I would put a small bet that nobody gives 2-shits about the limitations/status of being a "contract cadet".


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[daynightindicator]

Possibly for FSA but no to mil to mil. Mil to mil requires 2x active duty members and FSA is only granted when you are claiming a dependent. An active duty member cannot be claimed as a dependent. However, if you are able to claim your wife as a dependent since she is not AD, you *may* be able to receive FSA, but you'll have to check with finance.


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[daynightindicator]

Also I would lean towards no on FSA since you're not being deployed to a remote. Technically you have the option of bringing the wife since she is not on orders.


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