S.Amdt. 3299

1. Adds SEC. 642. EXTENSION OF PHASED-IN CONCURRENT PAYMENT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION TO MILITARY RETIREES WITH SERVICE-CONNECTED DISABILITIES RATED AS 40 PERCENT 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. EXTENSION OF PHASED-IN CONCURRENT PAYMENT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION TO MILITARY RETIREES WITH SERVICE-CONNECTED DISABILITIES RATED AS 40 PERCENT.

   Inserted: (a) Extension.--Section 1414 of title 10, United States Code, is amended--

   Inserted: (1) in subsection (a)(2), by striking "50 percent" and inserting "40 percent"; and

   Inserted: (2) in subsection (c)(1), by adding at the end the following new subparagraph:

   Inserted: "(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent, $__.".

   Inserted: (b) Conforming and Clerical Amendments.--(1) The heading of such section is amended by striking "50 percent" and inserting "40 percent.

   Inserted: (2) The table of sections at the beginning of chapter 71 of such title is amended in the item relating to section 1414 by striking "50 percent" and inserting "40 percent".

   Inserted: (c) Effective Date.--

   Inserted: (1) In general.--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: (2) Construction of certain amendment.--The addition of subparagraph (G) to paragraph (1) of section 1414(c) of title 10, United States Code, by reason of the amendment made by subsection (a)(2) shall not be treated as entitling a military retiree described by such subparagraph to concurrent receipt of retired pay and veterans' disability compensation under such paragraph during calendar year 2004, but is added to facilitate the calculation of the amount of concurrent receipt of such pay and compensation to which such a military retiree shall be entitled under such section during calendar years 2005 through 2013.

   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:

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   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.".

   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