S.Amdt. 3809

1. Adds SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES at the end of subtitle C of title VI

   Adds a section

   In S. 2410 · Placed on Calendar Senate

   (4) in paragraph (3), by striking "or fiduciary" in the paragraph caption and inserting ", fiduciary, or trust".

   Inserted: SEC. 626. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

   Inserted: (a) Restatement of Current Concurrent Payment Authority With Extension of Payment Authority to Retirees With Compensable Service-Connected Disabilities Rated Less Than 50 Percent Disabling.--Subsection (a) of section 1414 of title 10, United States Code, is amended by striking paragraphs (1) and (2) and inserting the following new paragraphs:

   Inserted: "(1) In general.--Subject to paragraphs (2), (3), and (4) and subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans' disability compensation for a service-connected disability or combination of service-connected disabilities that is compensable under the laws administered by the Secretary of Veterans Affairs (hereinafter in this section referred to as 'qualified retiree') is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38.

   Inserted: "(2) One-year phase-in for qualified retirees with total disabilities.--During the period beginning on January 1, 2004, and ending on December 31, 2004, payment of retired pay to a qualified retiree is subject to subsection (c) if the qualified retiree is any of the following:

   Inserted: "(A) A qualified retiree receiving veterans' disability compensation for a disability rated as 100 percent disabling by the Secretary of Veterans Affairs.

   Inserted: "(B) A qualified retiree receiving veterans' disability compensation at the rate payable for a disability rated as 100 percent disabling by reason of a determination of individual unemployability.

   Inserted: "(3) 10-year phase-in for qualified retirees with disabilities rated 50 percent disabling or higher.--During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c) if the qualified retiree is entitled to veterans' disability compensation for a service-connected disability or combination of service-connected disabilities that is rated not less than 50 percent disabling by the Secretary of Veterans Affairs.

   Inserted: "(4) 10-year phase-in for qualified retirees with compensable disabilities rated less than 50 percent disabling.--During the period beginning on January 1, 2016, and ending on December 31, 2025, payment of retired pay to a qualified retiree is subject to subsection (d) if the qualified retiree is entitled to veterans' disability compensation for a service-connected disability or combination of service-connected disabilities that is rated less than 50 percent disabling by the Secretary of Veterans Affairs but is compensable under the laws administered by the Secretary of Veterans Affairs.".

   Inserted: (b) Phase-in for Qualified Retirees With Compensable Disabilities Rated Less Than 50 Percent Disabling.--Such section is further amended--

   Inserted: (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

   Inserted: (2) by inserting after subsection (c) the following new subsection (d):

   Inserted: "(d) Phase-in of Full Concurrent Receipt for Qualified Retirees With Compensable Disabilities Rated Less Than 50 Percent Disabling.--During the period beginning on January 1, 2016, and ending on December 31, 2025, retired pay payable to a qualified retiree that pursuant to subsection (a)(4) is subject to this subsection shall be determined as follows:

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   Inserted: "(1) Calendar year 2016.--For a month during 2016, the amount of retired pay payable to a qualified retiree is the amount (if any) of retired pay in excess of the current baseline offset, plus $100.

   Inserted: "(2) Calendar year 2017.--For a month during 2017, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount specified in paragraph (1) for that qualified retiree; and

   Inserted: "(B) 10 percent of the difference between (i) the current baseline offset, and (ii) the amount specified in paragraph (1) for that member's disability.

   Inserted: "(3) Calendar year 2018.--For a month during 2018, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (2) for that qualified retiree; and

   Inserted: "(B) 20 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (2) for that qualified retiree.

   Inserted: "(4) Calendary year 2018.--For a month during 2019, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (3) for that qualified retiree; and

   Inserted: "(B) 30 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (3) for that qualified retiree.

   Inserted: "(5) Calendar year 2020.--For a month during 2020, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (4) for that qualified retiree; and

   Inserted: "(B) 40 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (4) for that qualified retiree.

   Inserted: "(6) Calendar year 2021.--For a month during 2021, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (5) for that qualified retiree; and

   Inserted: "(B) 50 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (5) for that qualified retiree.

   Inserted: "(7) Calendar year 2022.--For a month during 2022, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (6) for that qualified retiree; and

   Inserted: "(B) 60 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (6) for that qualified retiree.

   Inserted: "(8) Calendar year 2023.--For a month during 2023, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (7) for that qualified retiree; and

   Inserted: "(B) 70 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (7) for that qualified retiree.

   Inserted: "(9) Calendar year 2024.--For a month during 2024, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (8) for that qualified retiree; and

   Inserted: "(B) 80 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (8) for that qualified retiree.

   Inserted: "(10) Calendar year 2025.--For a month during 2025, the amount of retired pay payable to a qualified retiree is the sum of--

   Inserted: "(A) the amount determined under paragraph (9) for that qualified retiree; and

   Inserted: "(B) 90 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (9) for that qualified retiree.

   Inserted: "(11) General limitation.--Retired pay determined under this subsection for a qualified retiree, if greater than the amount of retired pay otherwise applicable to that qualified retiree, shall be reduced to the amount of retired pay otherwise applicable to that qualified retiree.".

   Inserted: (c) Conforming Amendments to Phase-in for Qualified Retirees With Disabilities Rated 50 Percent Disabling or Higher.--Subsection (c) of such section is amended--

   Inserted: (1) in the subsection caption, by inserting "for Qualified Retirees With Disabilities Rated 50 Percent Disabling or Higher" after "Full Concurrent Receipt"; and

   Inserted: (2) by striking "the second sentence of subsection (a)(1)" and inserting "subsection (a)(3)".

   Inserted: (d) Clerical Amendments.--

   Inserted: (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 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: (e) Effective Date.--The amendments made by this section shall take effect on December 31, 2015, and shall apply to payments for months beginning on or after that date.

   Inserted: SEC. 627. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.

   Inserted: (a) Amendment To Standardize Similar Provisions.--Paragraph (2) of section 1414(b) of title 10, United States Code, 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 amendment made by subsection (a) shall take effect on July 1, 2015, and shall apply to payments for months beginning on or after that date.

   Original wording

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

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As printed