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8-6 Date of execution of extension of enlistment
a. All Soldiers are authorized to extend 12 months out from their scheduled ETS date either with or without a retention bonus. Soldiers, except those bonus-eligible Soldiers as defined above, may extend at any time during the current term of service if the extension is to satisfy a service remaining requirement for: *see referenced regulation/ section for more information.
If you are inside of your 365 day to ETS window and not flagged for adverse action, you are typically eligible to extend, however, you need to speak to your UCC and Readiness NCO about your elibility and options for extending to include a possible incentive.
8-7. Period of extension of enlistment
a. Table 8-1 lists authorized periods of extension (below).
b. Extensions of enlistment will be for a period of not less than 1 year, measured in whole years, except as noted in table 8-1.
c. ETS established by any extension of enlistment will not exceed 7 years from the date of extension.
d. Extension of enlistment for bonus participants will be per current bonus policies published by ARNG-HRM-I and/or NGR 600-7.
e. The requirement to obtain U.S. Citizenship within 8 years of service is no longer required. As long as the Soldier is a US Citizen or a lawfully permanent resident alien and is otherwise qualified; they may extend without constraint.
Table 8-1 Basic eligibility standards, authorized periods of extension and waiver authority.
Rule A
Applies to: Soldiers fully eligible for extension in the ARNG.
Period: 1, 2, 3, 4, 5, or 6 years.
Rule B
Applies to: Soldiers eligible for a retention or other bonus per current bonus policies as published by ARNG-HRM-I and/or NGR 600-7. Rule B will be utilized for all types of incentives.
Period: Soldiers eligible for a retention bonus or other monetary incentive may extend only for the period authorized for bonuses per current bonus policies published by ARNG-HRM-I and/or NGR 600-7.
Rule C
Applies to: Soldiers with less than 1 year remaining before age 60.
Period: Up to 1 year, but not past the last day of the month in which the Soldier reaches the age of 60. See Rule N for extensions beyond age 60.
Rule D
Applies to: Soldiers enlisted as non-prior service (NPS) under 1 of the enlistment options for completing their Selected Reserve obligations per (para 8-4) (i.e.: 3x5, 4x4, 6x2, 8x0), with a remaining obligation and who desire to continue in an active status.
Period: 1, 2, 3, 4, 5, or 6 years to include whole months if required.
Rule E
Applies to: Soldiers who have at least 18, but fewer than 20, years of qualifying service for nonregular retired pay at age 60 for whom disapproval authority is the Secretary of the Army (SA) or his designated representative. This disapproval is final. Soldiers with at least 18 and fewer than 20 qualifying years of service for nonregular retired pay at age 60, unless physically disabled, will be extended to the point where they can attain 20 qualifying years.
These Soldiers may be processed for separation for cause per AR 135-178, but may not be discharged without the written approval of SA per AR 135-178 (Enlisted Administrative Separations), paragraph 1-12. Those who require a waiver for extension must be processed under AR 135-178, before involuntary separation can be accomplished. See paragraph 6-32 for additional guidance.
Period: Extended for the years, months and days that are required to reach the last day of the month the Soldier obtains 20 years of qualifying service.
Rule F
Applies to: Soldiers who must or who desire to extend to:
1. Attend training that requires a period of remaining service.
2. Enroll in the Simultaneous Membership Program (SMP).
3. Enter on or extend a tour of active duty/mobilization or full-time National Guard duty including AGR.
4. Participate in a State education assistance program.
5. Qualify for the Montgomery GI Bill.
6. Satisfy a remaining service requirement for promotion per AR 600-8-19.
7. Qualify for a program, benefit, or entitlement (except for monetary benefits under the SRIP) which requires a minimum period of remaining service.
8. Allow extensions up to but not to exceed the maximum time established by the state AG for Soldiers selected for separation under the Qualitative Retention Board (QRB).
9. Any other valid circumstances not mentioned above. (For approval authority: MPMO/G1).
Period: Any period up to 6 years, that will satisfy the requirement. Extensions are authorized at any time during the current enlistment.
Rule G
Applies to: Soldiers who request transfer to the ING who do not have a contractual obligation for ARNG/ARNGUS service. This rule also includes Soldiers in the ING who desire to remain in the ING or return to active drilling status in the ARNG.
Period: Extensions as authorized in Rule A.
Rule H
Rescinded.
Rule I
Applies to: Soldiers retained beyond ETS for reasons outlined in (para 8-8).
Period: Reasonable time to complete administrative actions, not to exceed 24 months.
Approval authority: TAG (delegated to MPMO/G1) or unit commander if a unit level action.
Rule J
Applies to: Soldiers otherwise eligible to extend or immediately reenlist, but who failed to take or pass last APFT/ACFT within 8 months (AGR) 14 months (Traditional) prior to signing a reenlistment agreement. To include, Soldiers with temporary physical profiles who failed to have a passing APFT/ACFT within the preceding 8 months (AGR) 14 months (Traditional) of their profile may be extended for not more than 12 months to allow removal of the profile and administration of an APFT/ACFT.
Period: Whole months, but not to exceed a total of 12 months, for non-deploying Soldiers.
Exception: Soldiers with temporary physical profiles (profile cannot exceed 12 months from date of new extension) which preclude administration of an APFT/ACFT, but who have passed an APFT/ACFT within the preceding 8 months (AGR) 14 months (Traditional) to the date of awarding of the profile, are eligible for reenlistment for any period up to 6 years under Rule A or Rule B of this table.
Approval authority: First COL in the Soldier’s chain of command provided the extension will not enter a Soldier into sanctuary. Approval authority for sanctuary will be TAG (delegated to MPMO). Waiver authority: First COL or MPMO/G1.
Minimum documentation required:
1. Memorandum request for waiver from the unit commander through command channels.
2. DA Form 705 last 3 years.
3. NGB Form 23 *Retirement Points Summary Statement Learn more
Chapter 8 Extension, Immediate Reenlistment, and Bar to Continued Service
Section IV Bar to Continued Service, Immediate Reenlistment, or Extension
8-24. Criteria
A Soldier's unfitness or unsuitability may show up soon after entry into the service, or only become apparent after many years of service. A Soldier performing in a substandard manner may have been permitted to remain in the ARNG/ARNGUS for a number of years. This should not stop a current commander from taking action under the provisions of this chapter. Commanders must evaluate the advisability and desirability of affording continued military service to Soldiers of the following or similar categories:
a. Untrainable Soldiers. These Soldiers will be identified as soon as possible with a view toward eliminating them from service. When discharge under administrative procedures is not warranted, action will be taken under this chapter to bar the Soldier from further service with the ARNG/ARNGUS. These Soldiers are often identified by failure to achieve individual weapons qualifications; failure of the APFT/ACFT; obtaining low evaluation results from Army education activities; failure to submit an approved Family care plan; and failure to make satisfactory progress on Army Body Composition Program.
b. Unsuitable Soldiers. These Soldiers will be identified early in their military service with a view toward elimination from the service. When administrative discharge is not warranted, action will be taken under this chapter to bar the Soldier from further service with the ARNG/ARNGUS.
c. Soldiers against whom BARs are initiated often have written documents that disclose the recurrence of 1 or a combination of the following:
(1) Late for formations, details, or assigned duties.
(2) Unexcused absences and unsatisfactory participation.
(3) Loss of clothing and equipment.
(4) Substandard personal appearance.
(5) Substandard personal hygiene.
(6) Recurrent nonjudicial punishment.
(7) Recurrent sickness on drill days without medical justification.
(8) Cannot follow orders; shirks; takes too much time; is recalcitrant.
(9) Cannot or will not train for a job; apathetic; disinterested; avoids training.
(10) Cannot adapt to military life; uncooperative; involved in frequent difficulties with fellow Soldiers.
(11) Failure to manage personal, marital, or Family affairs. This includes failure to respond to duty requirements because of parenthood or custody of dependents (minor or adult) AR 600-20, paragraph 5-5.
(12) Causes trouble in civilian community.
(13) Involved in immoral activities.
(14) Personal behavior that brings discredit upon their unit and the ARNG/ARNGUS.
(15) Failure to achieve individual weapons qualification.
(16) Failure to pass the APFT/ACFT. BAR to continued service is mandatory after second consecutive failure if separation processing is not initiated per paragraph 6-35f and AR 135-178, Chapter 9.
(17) Participation in the Army Body Composition Program in order to meet body fat requirements of AR 600-9 (The Army Body Composition Program). A BAR to continued service is mandatory for Soldiers who do not make satisfactory progress in the body composition program after a period of 6 months, unless the responsible commander initiates separation processing per paragraph 6-35m and AR 135-178, Chapter 15.
(18) Removal for cause from PME courses. BAR to continued service is mandatory if separation processing is not initiated per paragraph 6-35f and AR 135-178, Chapter 9.
(19) Noncompetitive for promotion.
Chapter 8 Extension, Immediate Reenlistment, and Bar to Continued Service
Section IV Bar to Continued Service, Immediate Reenlistment, or Extension
8-25. Procedures to institute a BAR
a. Any commander in a Soldier's chain of command may prepare NGB Form 602-R (Bar to Continued Service or Extension Certificate), summarizing the basis for the action.
(1) A BAR normally should not be initiated against a Soldier assigned to a unit for less than 90 days. When a BAR is initiated during this period, the commander's certificate will contain an explanation of the timing of the action.
(2) A BAR must be based on specific dates, places, times which can all be substantiated with backup documents. It should be substantiated by official remarks made at the time of each occurrence. All instances should be made a matter of record when a Soldier performance is unsuitable.
(3) Normally, a BAR will not be initiated against a Soldier during the last 90 days prior to ETS. However, some Soldiers pending involuntary administrative separation may reach their ETS prior to the completion of separation action. Because they normally cannot be held past their ETS, it is in the State's best interest to process a BAR even though they are within 90 days prior to ETS.
(4) A BAR is initiated without regard to a Soldier's ETS date (unless at ETS Soldier will have at least 18 but fewer than 20 qualifying years; (see para c(3)) below.
(5) BARs should not be processed for Soldiers pending involuntary administrative separation for which RE code 3 or 4 would be issued (see para 8-23b(3)).
b. NGB Form 602-R BAR will be prepared in original and 2 copies. Additional copies may be prepared when required by TAG.
(1) Total service will be computed as of the ETS, not the date the BAR was prepared.
(2) The commander will refer the BAR certificate to the Soldier concerned for a statement on their behalf, if the Soldier so desires. The Soldier will be allowed a period of 30 days from notification for the preparation of a statement and collection of any documents and/or pertinent materials. The Soldier's unit commander may grant a reasonable extension to this period.
c. Upon receipt of the comment of the Soldier, or the Soldier's refusal to comment, the certificate will be endorsed personally by each commander in the chain of command, and approved or disapproved by the appropriate authorities as shown in (1), (2) or (3) below.
(1) For Soldiers with less than ten years of qualifying service for retired pay at ETS, the approval/disapproval authority is the first commander, LTC or above, in the Soldier's normal chain of command. No delegation of authority is authorized.
(2) For Soldiers with at least 10 but less than 18 years of qualifying service for retired pay at ETS, those with more than 20 years of service at ETS, and those when action is taken to extend the Soldier to complete 20 years of service, the approval/disapproval authority is the first commander, COL or above, in the Soldier's normal chain of command. No delegation of authority is authorized.
(3) Soldiers, who upon ETS, will have at least 18 but fewer than 20 years of qualifying service for regular or non-regular retirement, will be allowed to extend to the point where they could attain 20 years. They may, after the extension is executed, be barred. The approval/disapproval authority for this bar is TAG. These Soldiers may be processed for separation before they attain 20 years of service but will not be separated before that point without approval of SA.
d. When the BAR has been approved, the Soldier's unit commander will use a counseling statement to inform the Soldier of the right of appeal within 15 days. The appeal will be forwarded through command channels, endorsed personally by each commander, and approved or disapproved within 30 days by the authorities shown below.
(1) Soldiers with less than 10 years of qualifying service for retired pay at ETS, the appeal approval/disapproval authority is the first commander, COL or above, in the Soldier's normal chain of command.
(2) Soldiers with 10 or more years of qualifying service and those with more than 20 years for retired pay at ETS, the approval/disapproval authority is TAG. Those with 18 or 19 years of service will be extended to 20 years. (Appeal provisions: None)
e. When NGB Form 602-R BAR has been approved by the appropriate authority, the custodian of the Soldier's personnel records will:
(1) Give the original to the Soldier.
(2) Submit a copy to the State MPMO/G1 via AMHRR HR specialist.
f. An entry "Not recommended for further service" will be made in RMS. Upload the DA Form 4856 in documents section of RMS.
g. An approved BAR will be reviewed by the appropriate unit commander every 6 months (for Traditional Soldiers) or 3 months (for AGR Soldiers) after the date of approval, and 30 days before the Soldier's scheduled departure from the unit or discharge from the service.
h. If, upon review, the commander feels the BAR should remain in effect, the custodian of the Soldier's personnel record will be notified and will enter on the Soldier's Record Brief, "Bar to continued service or extension reviewed; not recommended for removal (date)."
i. A recommendation to remove a BAR may be submitted at any time by the Soldier's unit commander, if the Soldier has proven worthy of retention in the ARNG/ARNGUS.
(1) Recommendations to remove a BAR will be submitted in writing through the chain of command and will be endorsed personally by each commander.
(2) Approval to remove a BAR may be granted by the same authority that approved the BAR originally or, if the Soldier has moved to another jurisdiction, by a comparable commander in that jurisdiction.
(3) The approved recommendation removing the BAR will be maintained in the appropriate unit file. NGB Form 602-R BAR will be removed and destroyed. The Soldier concerned will be given a copy of the approved recommendation removing the BAR.
j. If at the time of the second 6-month (Traditional) or 3 month (AGR) review of a locally imposed BAR to continued service, the commander does not recommend that the BAR be removed, the commander will process the Soldier for separation per chapter 6 and the appropriate chapter(s) of AR 135-178. The term processed for separation means that separation action will be initiated and processed through the chain of command to the separation authority for appropriate action. Compliance with AR 135-178, paragraph 1-12 is mandatory. The unit and intermediate commanders will recommend separation or retention and the characterization of service to be awarded. See subparagraph k below for special provisions for Soldiers barred for APFT/ACFT failure.
k. Processing for separation will be initiated after the first review for Soldiers who receive a locally imposed BAR to continued service after the second failure of the APFT/ACFT. Soldiers who receive a locally imposed BAR after the first APFT/ACFT failure will be processed for separation after the second review.
Nevada National Guard Office of the Staff Judge Advocate
The Judge Advocate General's Corps is a single organization made up of lawyers, legal administrators, specialists and court reporters. The Corps' members are commissioned and warrant officers, enlisted Soldiers and civilians and are members of the Active Component, Army Reserve and National Guard. They are also members of two honorable professions: the profession of arms and the profession of law.
Our Mission
The mission of the Office of the Staff Judge Advocate is to provide legal services, counsel, and opinions to The Adjutant General and his respective staff, Directors of the Army and Air National Guard and their respective staffs, commanders, personnel, and the like concerning operational law, environmental law, contracts, administrative law, military justice and other areas of the law as necessary.
Legal Assistance for Eligible Personnel
Nevada National Guard judge advocates provide legal assistance to military personnel, retirees and their qualified dependents in accordance with applicable Army and Air Force legal assistance regulations. Legal assistance available to traditional (part-time, M-Day) National Guard Members primarily consists of:
• Pre-mobilization legal planning
• Preparation of simple wills and powers of attorney
• Briefing and counseling on the Service Members Civil Relief Act
• Reemployment Rights
Traditional Guard Members seeking legal assistance services should contact their command's legal office. Legal Assistance is by appointment only. For information on making an appointment, contact your Unit’s servicing judge advocate.
Nevada National Guard judge advocates cannot represent Service Members in criminal or civil courts.
Contact NVARNG JAG for assistance (TBA)
The Nevada Attorney General’s Office of Military Legal Assistance (OMLA)
The Nevada Attorney General’s Office of Military Legal Assistance (OMLA) provides pro bono legal assistance and representation to active duty, reserve and National Guard service members in a wide area of civil law matters. The OMLA also currently provides assistance to veterans with wills and powers of attorney. The OMLA is the first ever, attorney general-led program offering our military communities access to pro bono civil legal services. Additionally, the program seeks to educate Nevada’s communities and create policy aimed at addressing issues affecting our state’s military families. The OMLA is a comprehensive, statewide program combining the joint efforts of legal aid organizations, private sponsors and the State Bar of Nevada to address the need for affordable legal representation in our military communities.
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Your Drill Pay is based on several factors, please use the National Guard Pay Calculator
If you are an eligible member who served in a combat zone, the IRS can exclude your income from taxation. Publication 3, Armed Forces' Tax Guide, the authoritative source for all military specific tax matters, covers the Combat Zone Exclusion. Read the summary of the policy. *See Combat Zone Tax Exlusion
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TBA
Commissioned Officers outrank Warrant Officers. However, commissioned Officers rely on Warrant Officers’ technical expertise to successfully complete missions and respect them as trusted colleagues.
RESULTS FOR O-1: 2 YEARS.
$504.80
$1,893.00
During extended training, such as Basic Combat Training and Advanced Individual Training, or when you are deployed for any reason.
$3,786.00
$7,950.60
*These calculations are estimates. Additional benefits may be available.
TBA
TBA
TBA
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Only Aviation Warrant Officer candidates are able to become a Warrant Officer without any prior service experience. All other candidates must be serving on active duty, Army Reserve, or Army National Guard and have a rank of at least sergeant.
Commissioned Officers outrank Warrant Officers. However, commissioned Officers rely on Warrant Officers’ technical expertise to successfully complete missions and respect them as trusted colleagues.
RESULTS FOR W-2: 2 YEARS.
$591.12
$2,246.70
During extended training, such as Basic Combat Training and Advanced Individual Training, or when you are deployed for any reason.
$4,433.70
$9,310.14
*These calculations are estimates. Additional benefits may be available.
Upon completion of the Warrant Officer Basic Course, Technical Warrant Officers have a six-year service commitment on active duty. Aviation Warrant Officers have a 10-year service commitment after completing Warrant Officer Flight School. Service commitments are different for Warrant Officers in the Army Reserve and the Army National Guard.
Warrant Officer Candidate School is a five-week program.
Warrant Officers are eligible for promotions based on performance and time served in each rank. There are five grades of Warrant Officers. For example, after completing two years as a Warrant Officer 1 (WO1) and passing additional Warrant Officer leadership courses, you can be promoted to Chief Warrant Officer 2 (CW2).
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The new military retirement system blends elements of the legacy retirement system with government automatic and matching contributions to a member’s Thrift Savings Plan (TSP)--a more modern, 401(k)-style portable defined contribution plan that many civilian government employees enjoy today. Many of the elements of the legacy retirement system remain and both National Guard and Reserve service members should have a familiarity with how it works. The Blended Retirement System does not change when a National Guard or Reserve member is eligible to retire and National Guard and Reserve service members covered by the Blended Retirement System are still eligible for reduced age retirement if they perform qualifying active service.
Previously, fewer than 20 percent of service members who joined the military received a government retirement benefit after they left service. Under BRS about 85 percent of service members will receive a government retirement benefit if they serve at least two years, even if they don’t qualify for a full retirement. This expansion of government retirement benefits ensures a greater number of service members receive government-provided retirement benefits, previously only available to the 19 percent of active component and 14 percent of National Guard and Reserve members who served 20 or more years.
The BRS went into effect on January 1, 2018. New Service members, who join the Uniformed Services for the first time on or after January 1, 2018, will be enrolled automatically in BRS. All members who were serving as of December 31, 2017, were grandfathered under the legacy retirement system. No member who was serving on, or prior to, December 31, 2017, will be automatically switched to the BRS. Though they are grandfathered under the legacy retirement system, active component service members who had fewer than 12 years as of December 31, 2017, and National Guard and Reserve service members in a paid status, who had accrued fewer than 4,320 retirement points as of December 31, 2017, may choose to opt into the BRS. The opt-in window for BRS is from January 1, 2018, to December 31, 2018. National Guard/Reserve specific information can be found in Section 9.
Eligibility to opt-in is much broader for the National Guard and Reserve than the active component. Eligibility to opt into BRS wss based on retirement points. National Guard and Reserve members who had fewer than 4,320 retirement points as of December 31, 2017, and who are in a pay status, were eligible to opt into BRS, regardless of how many service or qualifying years they had accumulated.
The different eligibility criteria for National Guard and Reserve members is based on language in the National Defense Authorization Act of 2016 that mandated use of 10 U.S.C. §12733 to compute eligibility for Reserve component members; 10 U.S.C. §12733 governs how years of service is calculated for a non-regular retirement.
For retirement, National Guard and Reserve service is converted to equivalent active service by dividing accumulated retirement points by 360. Remember, the military considers a month as 30 days for pay purposes, so each day is worth 1/30th of a month; 12 months would then equal 360 days. Thus, a National Guardsman or Reservist with 4,320 retirement points would have 12 equivalent years of active service.
No. The Blended Retirement System does not change how retirement points are calculated for members of the National Guard and Reserve. Points are still earned by participating in drill, attending annual training and completing active duty, among other eligible categories. BRS does not affect when a member of the National Guard or Reserve is eligible to retire. Retirement eligibility and timing remains the same as it is under the legacy retirement system. National Guard or Reserve members with 20 or more qualifying years are eligible to receive their monthly retired pay starting at age 60 or earlier based on qualifying active service.
The Blended Retirement System does not change how retirement points are calculated for members of the National Guard and Reserve. Upon eligibility for retired pay, the member's retirement points are divided by 360 to arrive at an equivalent years of active service, similarly as under the legacy retirement system. The Blended Retirement System does not change when a member is eligible to retire. Furthermore, Reserve component members covered by the Blended Retirement System are still eligible for reduced age retirement if they perform qualifying active service.
Nothing changes for those who choose to remain in the legacy retirement system
No, if you opted into BRS you moved entirely into the new retirement system. For example, if you had four years under the legacy retirement system and 16 years under BRS, at retirement all 20 years are calculated under the BRS multiplier of 2.0 percent; you do not receive split multipliers
For most members retiring under BRS, there will be no impact to their eligibility to receive VA disability compensation, Combat-Related Special Compensation (CRSC), or Concurrent Retirement and Disability Pay (CRDP). However, if a service member covered by BRS elects the lump-sum option, there may be an impact to his or her ability to receive some or all of his or her VA disability compensation due to the law requiring an offset of the retired pay that has already been received via the lump sum. Those with CRSC-qualifying disabilities will still be able to receive CRSC even if they elect a lump sum. Those qualified for CRDP will be able to receive VA disability compensation and military retired pay without offset.
The decision to opt-in is irrevocable. Following mandatory training, the opt-in process is a multi-step layered process that requires the Service member to consciously opt-in with intent. A member must acknowledge no less than three times that he or she is aware and fully understands the decision to opt-in is irrevocable. Additionally, no Service member can opt-in without confirming that he or she has completed the mandatory training, which also advises the member of the irrevocable nature of the decision. While DoD policy is clear that the decision to opt-in is irrevocable, a Service member always has the option of applying to the Army Board for Correction of Military Records (ABCMR) for relief for any matter related to pay and benefits. The Service member must prove a specific error or injustice. There is no guarantee the Board will take action to reverse a member's election to enroll in the BRS, although it is within the purview of such boards to do so.
Your first step should be ensuring your TSP contributions are entered and up-to-date. Members who opted into BRS were not automatically enrolled at a certain TSP contribution percentage – the default 3 percent contribution rule ONLY applied to members who are automatically enrolled in BRS, not those who chose to opt-in. After opting-in, you needed/ need to go to the link on myPay that says, “Traditional TSP and Roth TSP.” On this page you can start, stop, and change your allocations to TSP from your basic, special, incentive, and bonus pays, and choose whether to contribute to a Traditional or a Roth TSP account. Once your TSP.gov account is established, you should visit this website to allocate your contributions to various investment funds. At this point, it is also a good idea to meet with a Personal Financial Manager/Counselor to discuss your TSP options and learn more about saving for retirement.
The BRS is your retirement plan. Upon entry to service, you are automatically enrolled in BRS with automatic government contributions of 1 percent of basic pay (or Inactive Duty Pay, sometimes referred to as Drill Pay in the National Guard and Reserve) and government matching contributions of up to an additional 4 percent of basic pay to your TSP account. After you have served for 60 days, a TSP account will be created, deductions of 3 percent of your basic pay will start, and the government will also begin contributing 1 percent of your basic pay to your TSP account. You can choose to begin contributing sooner than 60 days, though, by completing and submitting a TSP-U1 form with your personnel or finance office.
This option was only available to members who entered a Uniformed Service on, or prior to, December 31, 2017.
If you left the military (prior to January 1, 2018) and rejoin after the opt-in decision year (calendar year 2018), upon re-entry you will have 30 days to decide whether to stay in the legacy retirement system or elect the new BRS, so long as you previously met the criteria of having had fewer than 12 years of service as of December 31, 2017, or, for reservists or National Guard, had fewer than 4,320 retirement points as of December 31, 2017. However, if you re-enter military service in 2018, you will have the remaining time in calendar year 2018 or 30 days, whichever is longer, to make a decision to opt into BRS.
All new Service members joining on or after January 1, 2018, will be automatically enrolled in BRS – this is the only option available. You will contribute 3 percent of your basic pay (or Inactive Duty Pay, sometimes referred to as Drill Pay in the National Guard and Reserve) to your TSP account starting with the pay period that begins on or after your 60th day of service. The government’s automatic 1 percent of basic pay will also begin with the pay period that begins on or after your 60th day of service, as measured from Pay Entry Base Date. Any member subject to this automatic enrollment may decline to be enrolled, or may choose to begin contributing to TSP sooner than 60 days by completing the TSP-U1 form. The government will also match service member contributions up to an additional 4 percent after two years of service. The maximum government contribution is 5 percent if you are contributing 5 percent of your basic pay. Both the DoD automatic 1 percent and the matching contributions continue through the end of the pay period during which you attain 26 years of service.
DIEMS is the Date of Initial Entry into Military Service while PEBD is the Pay Entry Base Date. DIEMS marks the day a member first enters military service by signing a contract or agreement to serve, even if on that day he or she is in an inactive status such as in the Delayed Entry Program (DEP), or as a student in one of the Service Academies or ROTC. PEBD is the day a member first begins earning Basic Pay or Inactive Duty Pay (drill pay). For many Service members, these days are essentially the same, while for many others DIEMS is earlier than PEBD. Determining whether a member is grandfathered under legacy High-3 or automatically enrolled in BRS is based on DIEMS. If DIEMS is on or before December 31, 2017, he or she is grandfathered. If DIEMS is on or after January 1, 2018, he or she is automatically enrolled in BRS. Of those who are grandfathered, determining eligibility to opt into BRS was based on PEBD (as is eligibility for Continuation Pay). Fewer than 12 years of service since PEBD makes an otherwise grandfathered Active Component member eligible to opt into BRS.
The Blended Retirement System does not affect when a member (either active duty, National Guard or Reserve) is eligible to retire. It still remains the same; qualified National Guard and Reserve service members are eligible to receive their retirement pay starting at age 60 or earlier based on qualifying active service.
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The TSP is a defined contribution retirement savings and investment plan that offers the same types of savings and tax benefits many private corporations offer their employees under 401(k) or similar plans. Please see the following section for more information.
The TSP is a defined contribution retirement savings and investment plan that offers the same types of savings and tax benefits many private corporations offer their employees under 401(k) or similar plans. The FRTIB is an independent government agency required by law to manage the TSP. They do so solely in the interest of the participants and their beneficiaries, which includes federal employees and members of the Uniformed Services.
The BRS includes a defined contribution component through TSP. Uniformed Service members who are covered by the BRS are eligible to receive government automatic and matching contributions to their TSP accounts. These government contributions to TSP are portable retirement savings that begin early in a member’s career.
All service members joining on or after January 1, 2018, will be automatically enrolled in TSP to contribute 3 percent of their basic pay (or Inactive Duty Pay, sometimes referred to as Drill Pay in the National Guard and Reserve) starting with the pay period that begins on or after the member’s 60th day of service. The government’s automatic 1 percent of basic pay will also begin with the pay period that begins on or after the member’s 60th day of service, as measured from Pay Entry Base Date (PEBD). Any member subject to this automatic enrollment may decline to be enrolled, or may choose to begin contributing to TSP sooner than 60 days by completing the TSP-U1 form. The government will also match service member contributions up to an additional 4 percent after two years of service. The maximum government contribution is 5 percent if the service member is contributing 5 percent of their basic pay (see Chart 4-1). Both the DoD automatic 1 percent and the matching contributions continue through the end of the pay period during which the service member attains 26 years of service.
Members who were serving as of December 31, 2017, and who opt into BRS are immediately vested in (entitled to) their own contributions and any government matching contributions, plus the earnings on those contributions. However, Service members must have at least two years of service in order to be vested in the government’s automatic 1 percent contributions and associated earnings. This does not mean two years from the date they opted-in or started with TSP, but refers to total time in service as measured from their Pay Entry Base Date (PEBD). Those service members who are automatically enrolled in BRS are immediately vested in (entitled to) their own contributions and earnings. They will begin to receive the government automatic 1 percent of their basic pay with the pay period that starts on or after they have served for 60 days. They must have two years of service in order to be vested in the government’s automatic 1 percent contributions and associated earnings. After completion of two years of service, they can begin receiving matching contributions up to an additional 4 percent of their basic pay. Service members are immediately vested in (entitled to) any government matching contributions and earnings at this point. All DoD automatic and matching contributions are governed by the existing Federal Retirement Thrift Investment Board regulations as it pertains to vesting.
Click here to download the contributions breakdown.
Uniformed Service members who opted into the Blended Retirement System retained the last contribution allocation on file with the TSP. If no contribution allocation was on file, a member who opted-in to the Blended Retirement System had their future TSP contributions invested in an age-appropriate lifecycle fund. Remember, though, a member who opted-in who was not previously contributing to TSP must have also selected a percentage of his or her pay to contribute to TSP through myPay (or their Services automated pay system). There is no default contribution percentage for members who opt-in. Service members can make adjustments to their TSP fund allocation at any time online at www.tsp.gov. National Guard/Reserve specific information can be found in Section 9.
New Guardsmen and Women on or after January 1, 2018, will automatically be enrolled in the TSP. Their contributions will default to the TSP Lifecycle Fund appropriate for the individual’s age, unless the service member designates other investment funds. Service members can adjust their TSP contribution percentage at myPay (or their Services automated pay system) and their investment funds (current or future contributions) at www.tsp.gov or by calling the Thriftline (1-TSP-YOU-FRST (1-877-968-3778)).
Service members can elect to put their contributions into a traditional account, Roth account, or both. Service members can contribute in any whole percentage they choose subject to Internal Revenue Code (IRC) limits. Service members can make adjustments to their TSP account online at any time. All government automatic and matching contributions are based on the total percentage (traditional and Roth) that the service member contributes each pay period. All government contributions are deposited into the service member’s traditional account.
The decision whether to invest in a traditional TSP or a Roth TSP boils down to whether you believe you will be in a higher or lower tax bracket when you take your distributions. With the traditional TSP, contributions are made with pre-tax money (income which has not been taxed—it comes directly out of your pay check). With the traditional TSP, you defer paying taxes on your contributions and their earnings until you withdraw them. If you are making contributions to a traditional TSP while your pay is subject to combat-zone tax exclusion, your contributions will also be tax-free at withdrawal, but your earnings will be subject to tax. With a Roth TSP, you pay taxes on your contributions as you make them (unless you are in a combat zone or designated support area making tax-exempt contributions), and your earnings are tax-free at withdrawal as long as you meet certain IRS requirements. For more information visit TSP.gov for more information.
You can also contribute from 1 percent to 100 percent of any incentive pay, special pay, or bonus pay to your TSP — as long as you also elect to contribute from your basic pay – up to the established Internal Revenue Code (IRC) limits. You can elect to contribute from incentive pay, special pay, or bonus pay, even if you are not currently receiving them. These contributions will be deducted when you do receive any of these types of pay. However, only basic pay will be used in the calculation for DoD automatic and matching contributions. For more information on other forms of contributions visit TSP.gov.
Yes, generally you can contribute up to the annual IRS elective deferral limit. Each year the IRS sets the limit employees can defer from their paychecks. It applies to traditional and Roth TSP accounts. This includes your basic pay, special pay and bonuses. To max out your TSP under the current contribution limit ($18,500 for 2018) you would need to contribute $1,541.66 per month from your pay checks. That is very aggressive, but it is certainly possible, depending on your rank, pay grade, and living expenses. It is important to note, employer contributions are in addition to the annual elective deferral limit. Visit TSP.gov for more information on contribution limits. National Guard/Reserve specific information can be found in Section 9.
Yes, however the TSP and similar civilian retirement plans (e.g., 401(k)), share the same annual contribution limit ($18,500 for 2018) under IRS regulations. This means you cannot contribute more than the IRS elective deferral limit across both accounts in any given calendar year. Generally, this will not impact active component service members. However, many members of the National Guard and Reserve are either military technicians and have access to both a military TSP and a civil service TSP account, or are traditional members of the National Guard and Reserve who have another retirement plan through their civilian employment. As such, service members can make contributions to their TSP accounts and/or a 401(k) or similar retirement account in the same tax year, but are subject to a single IRS elective deferral limit. Service members should be careful not to exceed their annual contribution limit across their retirement accounts. If a service member’s contributions reach the IRS elective deferral limit before the last pay date of the year, they will not receive all of the matching contributions to which they would otherwise be entitled. The only time a service member can exceed the IRS elective deferral limit is when they are deployed to a combat zone or direct support area or contributing catch-up contributions. It is important to note, this annual additional limit includes automatic and matching contributions to the service member’s retirement accounts from all sources. Visit TSP.gov for more on contribution limits.
Catch-up contributions are supplemental contributions that a service member age 50 or older (or turning age 50 during the calendar year), can make to the TSP beyond the maximum amount they can contribute through regular contributions. You can choose to make catch-up contributions on a traditional (pre-tax or non-Roth) basis or a Roth (after-tax) basis. It does not matter what type of regular contributions you are making. There is a yearly IRS cap on the dollar amount of catch-up contributions. For 2018, the catch-up contribution limit is $6,000.
National Guard and Reserve service members will not have to re-elect TSP percentages every time their pay status changes (activating and deactivating) – TSP elections carry-over.
If a service member is assigned to a designated combat zone or direct support area, contributions to their TSP are tax-exempt; that is, the money the service member contributes to their TSP goes in tax free. For service members contributing to a Roth TSP in a tax-exempt zone, their money would go in tax free and all earnings can be withdrawn tax free. Additionally, if you make tax-exempt contributions to the TSP while deployed in a designated combat zone or direct support area, the sum of your contributions and the government contributions to your TSP account cannot exceed the IRS annual addition limit ($55,000 for 2018), which is a much higher limit than the annual elective deferral limit. Member contributions above the annual elective deferral limit will be placed in the traditional TSP account.
No, TSP matching is not retroactive and there is no “buy-back” option. If you opted into BRS, you would have received the automatic 1 percent of your basic pay and up to an additional 4 percent government matching beginning the first pay period that started after you opted-in. If you already had a TSP account, these contributions would have been added to your current account and they can continue to grow together in the same account.
To change TSP contribution percentages or to update your address, service members in the Army, Air Force and Navy can make changes using myPay, the Coast Guard can make changes using Direct Access and the Marine Corps can make changes using Marine Online. Additional guidance will be provided separately for the U.S. Public Health Service Commissioned Corps and the National Oceanic and Atmospheric Administration (NOAA) Commissioned Officer Corps by their respective service. Additionally, all uniformed services can log on to TSP.gov to review account performance, print statements, make inter-fund transfers, and submit a new contribution allocation among other TSP/fund-management activities.
Members who opt into BRS are not automatically enrolled at a certain TSP contribution percentage – the default 3 percent contribution rule ONLY applies to members who are automatically enrolled in BRS, not those who choose to opt-in. After opting in, members should go to the link on myPay that says, “traditional TSP and Roth TSP” to choose a contribution percentage. Members who are automatically enrolled in BRS, because their Date of Initial Entry into Military Service (DIEMS) date is on or after January 1, 2018, will be automatically enrolled in TSP to contribute 3 percent of their basic pay (or Inactive Duty Pay, sometimes referred to as Drill Pay in the National Guard and Reserve) starting with the pay period that begins on or after the member’s 60th day of service.
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The lump sum provision of BRS gives service members choices at retirement. A service member may choose to receive either 25 percent or 50 percent of the discounted present value of a portion of their future retired pay, in exchange for reduced monthly retired pay. Monthly retired pay returns to the full amount when the service member reaches full Social Security retirement age, which for most is age 67. No such lump sum option exists under the legacy, High-3 military retirement system.
Like their active duty counterparts, eligible National Guard and Reserve members have the option of electing a lump sum payment upon becoming eligible to begin receiving retired pay at age 60, or earlier with creditable active service, in exchange for a reduced level of monthly retired pay until reaching full Social Security retirement age, which is age 67 for most people. Upon reaching full Social Security retirement age, the service member reverts to receiving full (not reduced) retired pay.
The discount rate will be published each year and is based on a Department of Treasury published market rate, plus a factor that accounts for the unique aspects of military service. The formula for calculating the lump sum discount rate is outlined in the BRS implementation guidance, found in attachment 2 at http://militarypay.defense.gov/BlendedRetirement.
Lump sum payments may not be rolled over into another retirement plan. Only an
"eligible rollover distribution" can be moved to another retirement plan. In order for a distribution to be eligible to rollover, among other things, it must come from a "qualified trust." To keep it simple, this is basically an employer-sponsored retirement plan that meets certain requirements of the IRS tax code. The military retirement fund is not a "qualified trust" and therefore money that comes from it cannot be rolled over to another retirement plan.
No. Lump sum refers to a portion of the monthly retired pay a service member receives upfront after serving 20 or more years (or 20 qualifying years in the National Guard and Reserve) and retiring with a regular or non-regular (reserve) retirement. Therefore, the lump sum is only available for those that earn a regular or non-regular retirement. Members who retire with a disability retirement are not eligible to elect a lump sum.
While service members are encouraged to discuss the decision on whether or not to take the lump sum with their family, it is not a requirement the service member’s spouse concurs with selection of the lump sum.
The lump sum is considered earned income and is therefore taxable. Service members may choose to receive their lump sum payments in up to four installments over four years to reduce their tax burden.
A6.10. A member may elect either a 25 percent or 50 percent lump sum by completing Part II of DD Form 2656, “Data for Payment of Retired Personnel.” This form must be completed and signed no later than 90 days prior to the member’s retirement date, or date of eligibility for retired pay (for National Guard and Reserves). The form should be turned into the member’s service, which will then process and submit the lump sum election to DFAS not later than 30 days prior to the member’s retirement.
For National Guard and Reserve members, the lump sum election must be made no less than 90 days before eligibility for retirement pay begins. This is typically at age 60, or earlier based on creditable active service. The election of the lump sum may be made on DD Form 2656, “Data for Payment of Retired Personnel.” This form must be signed and submitted no less than 90 days before the date of eligibility to begin receiving retired pay. The Defense Finance and Accounting Service (DFAS), will process your request for the lump sum, which will be paid out no later than 60 days after your date of retirement or date of eligibility to receive retired pay.
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BRS includes a Continuation Pay provision as a way to encourage Service members to continue serving in the Uniformed Services. Continuation Pay is a direct cash payout, like a bonus. It is payable between the completion of eight years of service, but before completion of 12 years of service, as determined and announced by your Service. Members receive Continuation Pay in return for additional obligated service. Active component service members (including Active Guard Reserve (AGR) and Full Time Support (FTS)) enrolled in the BRS will be eligible for a cash incentive of 2.5 to 13 times their regular monthly basic pay. Reserve Component members will be eligible for 0.5 to 6 times their monthly basic pay (as if serving on active duty). Each service will publish guidance related to Continuation Pay rates. The rates for each calendar year will be determined by the retention needs of the Military Services and published.
Active duty service members and National Guard and Reserve service members in a pay status are eligible for Continuation Pay when they complete between their 8th to 12th year of service, which is calculated from that service member’s Pay Entry Base Date (PEBD). Continuation Pay may be paid at any time during this time period, as determined by the Service.
The National Defense Authorization Act of Fiscal Year 2017 clarifies that Active Guard Reserve (AGR) and Full Time Support (FTS) service members are eligible for the same rates of Continuation Pay as their active component counterparts. FTS and AGR will be eligible for a cash incentive of 2.5 to 13 times their regular monthly basic pay.
Yes, Continuation Pay can be received in conjunction with other bonus if not otherwise prohibited by law.
No, Continuation Pay is a one-time payout to a service member, regardless of whether they change service, component or career specialty.
Yes, the service obligation, as a result of Continuation Pay, can be served concurrently.
Continuation Pay is not part of a service member’s retirement benefit, but it is essential to maintaining DoD’s existing rates of retention of experienced personnel for the All-Volunteer Force. DoD analysis and experience suggests that the reduction in the defined benefit (monthly retired pay), may result in fewer members staying for a full career. Providing Continuation Pay as a retention tool will help encourage these members to stay.
While all situations are unique, Continuation Pay may be subject to repayment of a pro-rated amount. The decision as to whether or not to recoup payment is determined by the service.
Yes, bonuses (such as Continuation Pay), as well as incentives and special pay can all be contributed to your TSP. It is important to note, each year the IRS determines the maximum amount you can contribute to tax-deferred savings plans like the TSP ($18,500 for calendar year 2018). You should keep the annual contribution limit in mind when deciding how much you will contribute to your TSP account from your Continuation Pay. If you reach the annual maximum too quickly, you could lose some government matching contributions, because you only receive government matching contributions on the first 5% of your basic pay that you contribute each pay period. If you reach the annual limit before the end of the year, your contributions (and consequently your government matching contributions) will stop. If you contribute some or all of your continuation pay to your TSP and go over the IRS limit, be aware it could result in you meeting the IRS limit earlier in the year, causing you to lose out on additional government matching contributions.
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Nevada National Guard Office of the Staff Judge Advocate
The Judge Advocate General's Corps is a single organization made up of lawyers, legal administrators, specialists and court reporters. The Corps' members are commissioned and warrant officers, enlisted Soldiers and civilians and are members of the Active Component, Army Reserve and National Guard. They are also members of two honorable professions: the profession of arms and the profession of law.
Our Mission
The mission of the Office of the Staff Judge Advocate is to provide legal services, counsel, and opinions to The Adjutant General and his respective staff, Directors of the Army and Air National Guard and their respective staffs, commanders, personnel, and the like concerning operational law, environmental law, contracts, administrative law, military justice and other areas of the law as necessary.
Legal Assistance for Eligible Personnel
Nevada National Guard judge advocates provide legal assistance to military personnel, retirees and their qualified dependents in accordance with applicable Army and Air Force legal assistance regulations. Legal assistance available to traditional (part-time, M-Day) National Guard Members primarily consists of:
• Pre-mobilization legal planning
• Preparation of simple wills and powers of attorney
• Briefing and counseling on the Service Members Civil Relief Act
• Reemployment Rights
Traditional Guard Members seeking legal assistance services should contact their command's legal office. Legal Assistance is by appointment only. For information on making an appointment, contact your Unit’s servicing judge advocate.
Nevada National Guard judge advocates cannot represent Service Members in criminal or civil courts.
Contact NVARNG JAG for assistance (TBA)
The Nevada Attorney General’s Office of Military Legal Assistance (OMLA)
The Nevada Attorney General’s Office of Military Legal Assistance (OMLA) provides pro bono legal assistance and representation to active duty, reserve and National Guard service members in a wide area of civil law matters. The OMLA also currently provides assistance to veterans with wills and powers of attorney. The OMLA is the first ever, attorney general-led program offering our military communities access to pro bono civil legal services. Additionally, the program seeks to educate Nevada’s communities and create policy aimed at addressing issues affecting our state’s military families. The OMLA is a comprehensive, statewide program combining the joint efforts of legal aid organizations, private sponsors and the State Bar of Nevada to address the need for affordable legal representation in our military communities.
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