What it changes

1 change to H.R. 1585

Adds a section
  1. Adds SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES at the appropriate place in title VI

    Adds a section

    Inserted: SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

    Inserted: (a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--

    Inserted: (1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).

    Inserted: (2) Computation.--Paragraph (1) of subsection (c) of such section is amended 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 or less or has a service-connected disability rated as zero percent, $0.".

    Inserted: (b) Repeal of Phase-In of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking "except that" and all that follows and inserting "except--

    Inserted: "(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and

    Inserted: "(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2007.".

    Inserted: (c) Clerical Amendments.--

    Inserted: (1) The heading for section 1414 of such title 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 disability compensation".

    Inserted: (2) 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:

    Show 18 more inserted paragraphs

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

    Inserted: (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.

    Inserted: SEC. __. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.

    Inserted: (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 inserting "who--

    Inserted: "(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

    Inserted: "(2) has a combat-related disability.".

    Inserted: (b) Amendments To Standardize Similar Provisions.--

    Inserted: (1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking "rules" and inserting "rule".

    Inserted: (2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended--

    Inserted: (A) by striking "a member or" and all that follows through "retiree')" and inserting "a qualified retiree"; and

    Inserted: (B) by adding at the end the following new paragraph:

    Inserted: "(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who--

    Inserted: "(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

    Inserted: "(B) is also entitled for that month to veterans' disability compensation.".

    Inserted: (3) Disability retirees.--Subsection (b) of section 1414 of such title is amended--

    Inserted: (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

    Inserted: (B) by striking paragraph (2).

    Inserted: (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date.

    The amendment doesn't say where this goes; the clerk decides.

    Original wording

    At the appropriate place in title VI, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 2236. Mr. REID (for himself and Ms. Snowe) submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title VI, insert the following:

SEC. __. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

(a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent.--

(1) Repeal of 50 percent requirement.--Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).

(2) Computation.--Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph:

“(G) For a month for which the retiree receives veterans' disability compensation for a disability rated as 40 percent or less or has a service-connected disability rated as zero percent, $0.”.

(b) Repeal of Phase-In of Concurrent Receipt for Retirees With Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of such section is amended by striking “except that” and all that follows and inserting “except--

“(A) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004; and

“(B) in the case of a qualified retiree receiving veterans' disability compensation for a disability rated as total by reason of unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2007.”.

(c) Clerical Amendments.--

(1) 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) 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 on January 1, 2008, and shall apply to payments for months beginning on or after that date.

SEC. __. 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 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

“(2) has a combat-related disability.”.

(b) Amendments To Standardize Similar Provisions.--

(1) Clerical amendment.--The heading for paragraph (3) of section 1413a(b) of such title is amended by striking “rules” and inserting “rule”.

(2) Qualified retirees.--Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended--

(A) by striking “a member or” and all that follows through “retiree')” and inserting “a qualified retiree”; and

(B) by adding at the end the following new paragraph:

“(2) Qualified retirees.--For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who--

“(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 also entitled for that month to veterans' disability compensation.”.

(3) Disability 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 on January 1, 2008, and shall apply to payments for months beginning on or after that date.

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Senate amendment submitted

July 16, 2007