S.Amdt. 3175

1. Adds SEC. 642. CONCURRENT PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO MILITARY RETIREES WITH ANY SERVICE-CONNECTED DISABILITY at the end of subtitle D of title VI

   Adds a section

   In S. 2400 · Placed on Calendar Senate

   (2) For the computation of survivor annuities under subparagraph (A)(i) or (B) of section 1451(c)(1) of title 10, United States Code (as amended by section 642(b) of Public Law 107-107; 115 Stat. 1152)), paragraph (3) of section 1407(c) of title 10, United States Code (as added by subsection (a)), shall take effect as of September 10, 2001, and shall apply with respect to deaths of members of the uniformed services occurring on or after that date.

   Inserted: SEC. 642. CONCURRENT PAYMENT OF BOTH RETIRED PAY AND COMPENSATION TO MILITARY RETIREES WITH ANY SERVICE-CONNECTED DISABILITY.

   Inserted: (a) Extension to Military Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection (a)(2) of section 1414 of title 10, United States Code, is amended by striking "not less than 50 percent disabling" and inserting "zero percent or more disabling".

   Inserted: (b) Conforming and Clerical Amendments.--(1) The heading of such section is amended to read as follows:

   Inserted: "Sec. 1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and veterans' disability compensation".

   Inserted: (2) The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following:

   Inserted: "1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and veterans' disability compensation.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect as of January 1, 2005, and shall apply to payments for months beginning on or after that date.

   Inserted: SEC. 643. COORDINATION OF ELIGIBILITY UNDER COMBAT-RELATED SPECIAL COMPENSATION AUTHORITY AND DISABLED MILITARY RETIREE COMPENSATION AUTHORITY FOR CHAPTER 61 DISABILITY RETIREES.

   Inserted: (a) Coordination of Eligibility.--Paragraph (3) of subsection (b) of section 1413a of title 10, United States Code, is amended to read as follows:

   Inserted: "(3) Special rules for chapter 61 disability retirees.--

   Inserted: "(A) Career retirees.--In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with 20 or more years of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, 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 of retired pay to which the member would have been entitled based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title.

   Inserted: "(B) Disability retirees with less than 20 years of service.--Paragraph (1) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement.".

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   Inserted: (b) Conforming Amendment.--Subsection (c) of section 1413a is amended by striking "is a member of the uniformed services entitled to retired pay" and all that follows and inserting "is a member of the uniformed services (other than a member described by subsection (b)(3)(B)) entitled to retired pay who has a combat-related disability.".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect as of January 1, 2005, and shall apply to payments for months beginning on or after that date.

   Original wording

   At the end of subtitle D of title VI, add the following:

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As printed