pension

[Kevin Fitzpatrick]

Dear Sir,
I am a serving Army Officer in the British Army and feel that I will be discriminated against on my pension on discharge from Her Majesty Forces.
I had served as an enlisted rank for 22years where my pension was calculated from age 18. However an Officers pension is calculated from age 21 whether an individual started as an Officer or enlisted rank. Therefore my pension is now being calculated under my Officer conditions of service from age 21 and not 18,I lose 3 years even though I shall have an increased pension due to my higher rank.
Furthermore and more importantly if I were to join the Army as an Officer at 18 years old and at the same time as a 21 year old, be promoted to the same rank at the same time for a full career, I would receive 3 years less pension rights for life!(due only to my age and the conditions of service of an Officer being calculated from age 21 rather than 18) In monetary terms this amounts to approx £120 per month for life!
Although at sometime I may have signed a condition of service the pension difference was never drawn to my attention. This aside I just feel that it is unfair when placed against my peer who only for age difference, will receive a far greater pension for the same combatant service.

 

[SF Lawyer]

US private pension laws are hard enough. British military pensions are beyond our comptence. BUT have you considered asking your MP for relief? It seems fair that all service be counted, but that usually takes an act of Congress in the US.

 

[Attorney_Replogle]

Dear sir, I really don't have the answer you need. I am a California attorney and am currently serving in the USMCR as an enlisted person. However, I am applying for a transfer to the US Army Reserves with an appointment as a Captain. So, my concern is like unto yours. Obviously after computing the pay differencial with any assistance from your administrative section, you must absolutely then view your service record book (or for officers in the Marine Corps it is called an Officers Qualification Record). Make sure you know what is in there and start making whatever changes as are necessary. This will allow you to see if you did sign your life away, so to speak. Next, HM Forces should allow you to make an appointment with Her Judge Advocate General's attorney at no cost to you. A JAG officer is the one to help you with this matter, sir. Lastly, in the USMC, we have a civilian aid service called the Navy/Marine Corps Relief. They also have attorneys that will assist service members with certain needs. HM Forces may also have a similar organization. Good luck, sir.

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Mark B. Replogle