Garnishment of Military Member's Retired Pay

B-196839: Apr 24, 1980

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An advance decision was requested concerning the propriety of paying a voucher in accordance with a writ of garnishment of retired pay owed to a retired Air Force member. The question presented was whether retired pay continues to accrue and thus remain subject to garnishment even though, in accordance with the retired member's wishes, it was not being sent to him by the Government. In spite of renunciation of retired pay, a member may not waive his right to such pay which continues to accrue even though it is not being sent to him. Therefore, although the member's retired pay was not being disbursed to him, he remained entitled to it and under the rule of garnishment law it may be paid to the court in accordance with the writ of garnishment. Accordingly, the voucher was returned for payment.