[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 303 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 303
To amend title 10, United States Code, to permit certain additional
retired members of the Armed Forces who have a service-connected
disability to receive both disability compensation from the Department
of Veterans Affairs for their disability and either retired pay by
reason of their years of military service or Combat-Related Special
Compensation and to eliminate the phase-in period under current law
with respect to such concurrent receipt.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mr. Bilirakis introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to permit certain additional
retired members of the Armed Forces who have a service-connected
disability to receive both disability compensation from the Department
of Veterans Affairs for their disability and either retired pay by
reason of their years of military service or Combat-Related Special
Compensation and to eliminate the phase-in period under current law
with respect to such concurrent receipt.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Retired Pay Restoration Act''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) For more than 100 years before 1999, all disabled
military retirees were required to fund their own veterans'
disability compensation by forfeiting one dollar of earned
retired pay for each dollar received in veterans' disability
compensation.
(2) Since 1999, Congress has enacted legislation to
progressively expand eligibility criteria for relief of the
retired pay disability offset and reduce the burden of
financial sacrifice on disabled military retirees.
(3) Absent adequate funding to eliminate the sacrifice for
all disabled retirees, Congress has given initial priority to
easing financial inequities for the most severely disabled and
for combat-disabled retirees.
(4) In the interest of maximizing eligibility within cost
constraints, Congress effectively has authorized full
concurrent receipt for all qualifying retirees with 100-percent
disability ratings and all qualifying retirees with combat-
related disability ratings, while phasing out the disability
offset to retired pay over 10 years for retired members with
noncombat-related, service-connected disability ratings of 50
percent to 90 percent.
(5) In pursuing these good-faith efforts, Congress
acknowledges the regrettable necessity of creating new
thresholds of eligibility that understandably are disappointing
to disabled retirees who fall short of meeting those new
thresholds.
(6) Congress is not content with the status quo.
(b) Sense of Congress.--It is the sense of Congress that military
retired pay earned by service and sacrifice in defending the United
States should not be reduced because a military retiree is also
eligible for veterans' disability compensation awarded for service-
connected disability.
SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With
Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection
(a) of section 1414 of title 10, United States Code, is amended--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject''; and
(2) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Clerical Amendments.--
(1) Section heading.--The heading for section 1414 of such
title is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--The item relating to such section
in the table of sections at the beginning of chapter 71 of such
title is amended to read as follows:
``1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation:
concurrent payment of retired pay and
disability compensation''.
(d) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2008, and shall apply to payments for months
beginning on or after that date.
SEC. 4. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees.--Subsection (c) of section 1413a
of title 10, United States Code, is amended by striking ``entitled to
retired pay who--'' and all that follows through the end of paragraph
(1) and inserting ``who--
``(1) is entitled to retired pay, other than a member
retired under chapter 61 of this title with less than 20 years
of service creditable under section 1405 of this title and less
than 20 years of service computed under section 12732 of this
title; and''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical and conforming amendments.--Section 1413a of
such title is further amended--
(A) in the heading for paragraph (3) of subsection
(b), by striking ``rules'' and inserting ``rule''; and
(B) in subsection (f), by striking ``Subsection
(d)'' and inserting ``Subsection (c)''.
(2) Specification of qualified retirees for concurrent
receipt purposes.--Section 1414 of such title, as amended by
section 3, is amended--
(A) in subsection (a)--
(i) by striking ``a member or'' and all
that follows through ``retiree')'' and
inserting ``an individual who is a qualified
retiree for any month''; and
(ii) by inserting ``retired pay and
veterans' disability compensation'' after
``both''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(3) Qualified retiree.--The term `qualified retiree'
means a member or former member of the uniformed services who,
with respect to any month--
``(A) is entitled to retired pay, other than in the
case of a member retired under chapter 61 of this title
with less than 20 years of service creditable under
section 1405 of this title and less than 20 years of
service computed under section 12732 of this title; and
``(B) is entitled to veterans' disability
compensation.''.
(3) Standardization with crsc rule for chapter 61
retirees.--Subsection (b) of section 1414 of such title is
amended--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rule for Chapter 61 Disability
Retirees.--In the case of a qualified retiree who is
retired under chapter 61 of this title, the retired pay
of the member is subject to''; and
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2008, and shall apply to payments for months
beginning on or after that date.
<all>