S.Amdt. 2395

SA 2395. Mr. HELLER (for himself and Mr. Tester) submitted an
amendment intended to be proposed to amendment SA 2282 submitted by Mr.
Inhofe (for himself and Mr. McCain) and intended to be proposed to the
bill H.R. 5515, to authorize appropriations

[[Page S3312]]

for fiscal year 2019 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 C of title VI, add the following:

SEC. 622. STANDARDIZATION OF APPLICABILITY OF SPECIAL RULES
FOR CHAPTER 61 DISABILITY RETIREES IN
CONNECTION WITH CONCURRENT RECEIPT OF RETIRED
PAY AND VETERANS' DISABILITY COMPENSATION.

(a) In General.--Paragraph (2) of section 1414(b) of title
10, United States Code, is amended to read as follows:
``(2) Disability retirees with less than 20 years of
service.--
``(A) In general.--Subject to subparagraph (B), 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--
``(i) the amount of the reduction under sections 5304 and
5305 of title 38; or
``(ii) the amount (if any) by which the amount of the
member's retired pay under such chapter exceeds the amount
equal to the retired pay percentage (determined for the
member under section 1409(b) of this title) 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) Phased-in applicability.--Subparagraph (A) shall
apply to qualified retirees as follows:
``(i) In the case of qualified retirees with a disability
rated as 100 percent, or who are compensated at an equivalent
rate due to individual unemployability, for months beginning
on or after October 1, 2018.
``(ii) In the case of qualified retirees with a disability
rated at least 90 percent but less than 100 percent, for
months beginning on or after October 1, 2019.
``(iii) In the case of qualified retirees with a disability
rated at least 80 percent but less than 90 percent, for
months beginning on or after October 1, 2020.
``(iv) In the case of qualified retirees with a disability
rated at least 70 percent but less than 80 percent, for
months beginning on or after October 1, 2021.
``(v) In the case of qualified retirees with a disability
rated at least 60 percent but less than 70 percent, for
months beginning on or after October 1, 2022.
``(vi) In the case of qualified retirees with a disability
rated at least 50 percent but less than 60 percent, for
months beginning on or after October 1, 2023.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on October 1, 2018.
______