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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Military Law
Satisfied Customers: 118256
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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XXXXXX, my question will I lose my retirement benefit if I

Customer Question

My name is***** my question will I lose my retirement benefit if I was charge felony
Submitted: 2 years ago.
Category: Military Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are convicted of the felony and sent to prison, this could stop your military retirement benefits. After the first 60 days, military pensions may not be paid to an individual who is incarcerated in a federal, state, or local penal institution as a result of conviction of a felony or misdemeanor. 38 U.S.C. 1505(a). However, the pension lost as a result of such imprisonment may be paid to the spouse or children of the imprisoned veteran pursuant to 38 U.S.C. 1505(b). So, if you are sent to prison your benefits would stop, but once you are released those benefits would begin again.

You would not actually lose your pension just by being charged with a felony, they would have to actually convict you. If you are convicted and not sent to prison, you would still get your benefits from military retirement, but if you are sent to prison those benefits would stop and go to your family until you are released.

You need to fight the charges, since you may likely be able to work this out without a conviction at all, so you need a local attorney involved to represent you in the matter to help get this resolved.