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To: Alas Babylon!
You raise great points. I am not a lawyer, but I'll weigh in.

What you are saying is true in a moral and political sense, but if a lawsuit ever made its way to the Supreme Court, I believe military retirees would lose the argument that earned retirement is a right that cannot be legally violated.

Even though the two are not in any way comparable (again, in a moral and political sense), the courts would probably use Fleming vs. Nestor (1960) as the precedent to cite that since the Congress can change the rules of the game. In that case, the court determined that Congress deny Social Security benefits to anyone, even though the injured party had contributed to the program and held up their end of the social, political, and legal "contract."

In fact, the court said explicitly that Congress can withhold or change the rules for Social Security any time it wishes.

Again, even though military retirement is vastly, vastly different from Social Security, the precedent was set decades ago for Congress to drive a semi-truck through that loophole.

The question is, will they try again? My guess is not right away. But they will try soon enough.

The Military Compensation and Retirement Modernization Commission has delayed its report from February to May of 2015. This commission is a rigged game. It was originally charted, by law! to grandfather current retirees and those serving from pension changes. We saw how much "authority" the Ryan-Murray backstabbers gave that. Further, President Obama, General Dempsey (Chairman of the JCS), and then SECDEF Panetta all said that current retirees would not be affected by the changes - and when Ryan-Murray violated this, the silence was deafening from Washington.

But, when it serves their purposes for political cover, all Washington players who want to screw the military will point to whatever finding the commission recommends, the same as they do with BRAC findings.

We won the battle - a MAJOR battle. The war isn't over. We will see assaults on TRICARE very soon, especially since ObamaCare is bringing ruin to millions of Americans. The war on commissaries has already started. I expect further screw jobs from Obama, Hagel, and Congress. Watch for a call to eliminate concurrent receipt for VA disability and regular retirement pensions. Watch for a call to eliminate civilian retirement for any retired military person who works for the Federal government. Watch for a call to eliminate some Social Security for those who receive a military pension. The CBO has either already proposed all of these, or is mulling them over in a back room.

56 posted on 02/13/2014 6:32:48 PM PST by SkyPilot
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To: SkyPilot

Thanks for that info. I was aware that if it wasn’t in writing, the government didn’t have to follow it, as in the lawsuit Colonel Day lost in the Supreme Court over medical care for life...

Now as a matter of retention; isn’t anyone listening? Because the troops sure as hell are! Having been in during the Hollow Military of the 1970s, I see the same stupid penny-wise, pound-foolish decisions being made once more. Given the adage you get what you pay for, what do these idiots think they’ll get out of the military if they rape only the military retiree, veteran and even active duty forces to save a few bucks?

Like I said before, WHAT is the cost of LOSING a war? Do they think the Chinese are going to honor their contracts, rights and care about their happiness?

It’s like not paying your insurance cause you’re a few bucks short... AND then disaster strikes. Too late!

Maybe we have to let it all burn to the ground before people get even a small clue again. America has never really lost a war—except for the South. But that doesn’t mean we’re ever going to in some future when defenses are neglected.


57 posted on 02/13/2014 6:56:04 PM PST by Alas Babylon!
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