S.Amdt. 2215
What it does: Adds SEC. 646. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES at the end of subtitle D of title VIWhat it changes
1 change to S. 1197 · shown in the bill's text
Adds SEC. 646. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES at the end of subtitle D of title VI
Adds a sectionIn S. 1197 · Placed on Calendar Senate
"(3) In the case of an individual who is treated as a retiree dependent described in paragraph (1)(B) on the date on which the member providing the basis for such individual's dependent status under this section dies or becomes permanently incapacitated, no further certification of the individual as a retiree dependent on the basis of dependency for financial support shall be required or carried out for purposes of this section on or after that date.".
Inserted: SEC. 646. 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) Clerical Amendments.--
Inserted: (1) The heading of 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:
Inserted: "1414. Members eligible for retired pay who are also eligible for veterans' disability compensation: concurrent payment of retired pay and disability compensation.".
Inserted: (c) Effective Date.--The amendments made by this section shall take effect on July 1, 2014, and shall apply to payments for months beginning on or after that date.
Inserted: SEC. 647. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.
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Inserted: (a) Amendments To Standardize Similar Provisions.--
Inserted: (1) Qualified retirees.--Subsection (a) of section 1414 of title 10, United States Code, as amended by section 646(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 by reason of section 12731b of this title); and
Inserted: "(B) is also entitled for that month to veterans' disability compensation.".
Inserted: (2) Disability retirees.--Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:
Inserted: "(2) Special rule for retirees with fewer 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 by the lesser of--
Inserted: "(A) the amount of the reduction under sections 5304 and 5305 of title 38; or
Inserted: "(B) 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.".
Inserted: (b) Effective Date.--The amendments made by this section shall take effect on July 1, 2014, 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:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2215. Mr. REID submitted an amendment intended to be proposed by him to the bill S. 1197, to authorize appropriations for fiscal year 2014 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 end of subtitle D of title VI, add the following:
SEC. 646. 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) Clerical Amendments.--
(1) The heading of 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.”.
(c) Effective Date.--The amendments made by this section shall take effect on July 1, 2014, and shall apply to payments for months beginning on or after that date.
SEC. 647. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.
(a) Amendments To Standardize Similar Provisions.--
(1) Qualified retirees.--Subsection (a) of section 1414 of title 10, United States Code, as amended by section 646(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 by reason of section 12731b of this title); and
“(B) is also entitled for that month to veterans' disability compensation.”.
(2) Disability retirees.--Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:
“(2) Special rule for retirees with fewer 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 by the lesser of--
“(A) the amount of the reduction under sections 5304 and 5305 of title 38; or
“(B) 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.”.
(b) Effective Date.--The amendments made by this section shall take effect on July 1, 2014, and shall apply to payments for months beginning on or after that date.
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Senate amendment submitted
November 19, 2013