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If convicted of a felony can your military retirement be taken

Resolved Question:

If convicted of a felony can your military retirement be taken away.

Submitted: 2 years ago.
Category: Legal
Expert:  Thomas Swartz replied 2 years ago.

Hello JACUSTOMER,

Generally no. Military retirement can only be taken away if convicted of certain crimes relating to violations of national security. These national security crimes are set forth in 5 United States Code § 8312. Conviction of a state felony or other federal crimes are not grounds to revoke military retirement payments.

Thomas

Thomas Swartz, Attorney
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Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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