Q: Am I legal? I am wondering about this because of the last paragraph titled “Legal double-dipping” in your article, Retired Reservists Can Legally “Double Dip”. My situation is 5yrs. active USN, retired reserve with 13 reserve years and started drawing USN retirement at 60, back in 2010. I’d paid my FERS deposit back in the 90’s to credit my active duty time.
A: Yes, it certainly looks like you’re “legal” since you would not have been able to retire under regular active duty provisions with only 5 years of active duty.
It’s always wise, though, to be sure that your retirement is under the appropriate provisions to allow you to receive retirement credit under both the military and civilian retirement systems. The regulations require that the military retired pay be awarded: “Under the provisions of 10 U.S.C. 12731-12739 (Chapter 1223) which grants retired pay to members of reserve components of the armed forces on the basis of age and service (active and reserve).”
If your retirement documentation doesn’t clearly state the applicable provisions, you can request more information from your military retirement office.
