[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 333 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 333
To amend title 10, United States Code, to permit retired members of the
Armed Forces who have a service-connected disability rated less than 50
percent to receive concurrent payment of both retired pay and veterans'
disability compensation, to eliminate the phase-in period for
concurrent receipt, to extend eligibility for concurrent receipt and
combat-related special compensation to chapter 61 disability retirees
with less than 20 years of service, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2007
Mr. Marshall 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 retired members of the
Armed Forces who have a service-connected disability rated less than 50
percent to receive concurrent payment of both retired pay and veterans'
disability compensation, to eliminate the phase-in period for
concurrent receipt, to extend eligibility for concurrent receipt and
combat-related special compensation to chapter 61 disability retirees
with less than 20 years of service, and for other purposes.
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 ``Disabled Veterans Tax Termination
Act''.
SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE
SERVICE-CONNECTED DISABILITIES.
(a) Inclusion of 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'';
(2) by striking ``qualifying service-connected disability''
and inserting ``service-connected disability''; and
(3) 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) Inclusion of Disability Retirees With Less Than 20 Years of
Service.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``member retired'' and
inserting ``qualified retiree who is retired''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Disability retirees with less than 20 years of
service.--The retired pay of a qualified retiree who is retired
under chapter 61 of this title with fewer than 20 years of
creditable service is subject to reduction under sections 5304
and 5305 of title 38, but only by the amount (if any) by which
the amount of the member's retired pay under such chapter
exceeds the amount equal to 2\1/2\ percent of the member's
years of creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this title,
whichever is applicable to the member.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for such section 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.''.
(e) Conforming Amendment.--Section 1413a(f) of such title is
amended by striking ``Subsection (d)'' and inserting ``Subsection
(c)''.
(f) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date.
SEC. 3. AVAILABILITY OF COMBAT-RELATED SPECIAL COMPENSATION ELIGIBILITY
FOR CHAPTER 61 MILITARY RETIREES WITH LESS THAN 20 YEARS
OF SERVICE.
(a) Eligibility.--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 by reason of
section 12731b of this title); and''.
(b) Computation.--Paragraph (3) of subsection (b) of such section
is amended--
(1) by striking ``In the case of'' and inserting the
following:
``(A) In general.--In the case of''; and
(2) by adding at the end the following new subparagraph:
``(B) Retirees with fewer than 20 years of
service.--In the case of an eligible combat-related
disabled uniformed services retiree who is retired
under chapter 61 of this title with fewer than 20 years
of creditable service, the amount of the payment under
paragraph (1) for any month shall be reduced by the
amount (if any) by which the amount of the member's
retired pay under chapter 61 of this title exceeds the
amount equal to 2\1/2\ percent of the member's years of
creditable service multiplied by the member's retired
pay base under section 1406(b)(1) or 1407 of this
title, whichever is applicable to the member.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the first day of the first month beginning after the date of
the enactment of this Act and shall apply to payments for months
beginning on or after that date.
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