I
110th CONGRESS
1st Session
H. R. 1436
IN THE HOUSE OF REPRESENTATIVES
March 9, 2007
Mr. Bilirakis (for himself and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To amend title 10, United States Code, to permit certain retired members of the uniformed services who have a service-connected disability to receive both disability compensation from the Department of Veterans Affairs for their disability and either retired pay by reason of their years of military service or Combat-Related Special Compensation.
Short title
This Act may be cited as the
Retired Pay Restoration
Act
.
Eligibility for payment of both retired pay and veterans’ disability compensation for certain military retirees with compensable service-connected disabilities
Extension of Concurrent Receipt Authority to Retirees With Service-Connected Disabilities Rated Less Than 50 Percent
Subsection (a) of section 1414 of title 10, United States Code, is amended—
by striking
Compensation
in the subsection heading and
all that follows through Subject
and inserting
Compensation.—Subject
; and
by striking paragraph (2).
Repeal of phase-in of concurrent receipt for retirees with service-connected disabilities rated as total
Such subsection is further amended by striking
except that
and all that follows and inserting
except—
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
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.
.
Phase-in of concurrent receipt for retirees with service-connected disabilities rated as 40 percent or less
Subsection (c) of such section is amended—
in the matter
before paragraph (1), by striking subsection (a)(1)
and
inserting subsection (a)
; and
in paragraph (1), by adding at the end the following new subparagraph:
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.
.
Clerical amendments
The heading for such section is amended to read as follows:
Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation.
.
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.
.
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.
Coordination of service eligibility for combat-related special compensation and concurrent receipt
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 all that follows through the end of paragraph (1) and inserting “who—
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
.
Amendments To standardize similar provisions
Clerical amendment
The heading for paragraph (3) of section 1413a(b) of
such title is amended by striking rules
and inserting rule
.
Specification of qualified retirees for concurrent receipt purposes
Section 1414 of such title, as amended by section 2, is amended—
in subsection (a)—
by
striking a member or
and all that follows through
retiree’)
and inserting an individual who is a qualified
retiree for any month
; and
by
inserting retired pay and veterans’ disability compensation
after both
; and
in subsection (e), by adding at the end the following new paragraph:
Qualified retiree
The term
qualified retiree
means a member or former member of the
uniformed services who, with respect to any month—
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
is entitled to veterans’ disability compensation.
.
Disability retirees
Subsection (b) of section 1414 of such title is amended—
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
by striking paragraph (2).
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.