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Retro (back pay) law / regs

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Scottish_Knight

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Right then,

for reasons I can't grasp, Confusedvet1 started a thread that I am unable to comment in.  Regardless, most of us know and understand how the retro pay works.  However, some will feel that the pay should be based upon current rates and not historical rates.  It is an understandable thought or concept, however incorrect.

Simply the term 'retroactive' alone defines how the pay would be calculated.  This offers a good example in everyday situations.

The VA offer nothing regulatory regarding how retropay is computed.  I've also looked at DFAS and DoD 7000.14-R (Financial Reg) as well as within other government agencies and departments involving the military (AD, RES and Retired), but there is very, very little. 

I have, however, found some other links that will prove helpful.  This offers some examples, but sadly without regulatory or law citations.

5 USC, § 5596 (b)(1)(A)(i)  (Law)

Also...

5 CFR § 550.805 (Regulatory)

While both of these are directed more towards civilian and not military, keep in mind that the US Government works nearly the same across the board in numerous areas.  A GS12, step 6 will receive the same pay regardless if FBI, DoE, DoI, etc.  Contracting is the same for all US Government agencies and departments and are covered by the FAR.  It therefore stands to reason that back-pay or retro-pay is going to be handled and treated the same throughout the US Government regardless of agency or department. 

Edited by Scottish_Knight
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Thank you for your response.  I completely understand and agree with the question.  Why should we be paid "old" retro numbers from past years, when its 2021 now?  Is it the Veterans fault the claim was delayed for years?  Should the Veteran lose his Cola's because the VA delayed his claim?  No, the entire retro should be paid at the current year rate, not the old rates. 

It amounts to not getting colas because you didnt get the money in 2010, you got it in 2021.  

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