S. 344Senate112th Congress (2011-2013)In Committee

Retired Pay Restoration Act of 2011

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, and for other purposes.

Sponsored by Harry ReidSen. Harry Reid (D-NV)
Introduced February 14, 2011

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S696)

February 14, 2011

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SenateIntro Referral

Introduced in Senate

February 14, 2011

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S695-696)

February 14, 2011

SenateIntro Referral

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S696)

February 14, 2011

Floor Debate

6 members

What members said about S. 344 on the floor

1 Republican5 Democrats
Jeff Bingaman
Sen. Jeff BingamanD-NM · Feb 14, 2011

Mr. President, today, I join the Ranking Member of the Committee on Energy and Natural Resources, Senator Murkowski, in reintroducing The Republic of the Marshall Islands Supplemental Nuclear…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Feb 14, 2011

Mr. President, I rise today to introduce the Deepwater Drilling Royalty Relief Prohibition Act. The purpose of this bill is to ensure that taxpayer dollars are not used to incentivize the dangerous…

Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Feb 14, 2011

Mr. President, I rise today to reintroduce the Strengthening Our Commitment to Legal Immigration and America's Security Act. There is little doubt that our immigration system is broken and needs…

Mark Udall
Sen. Mark UdallD-CO · Feb 14, 2011

Mr. President, I rise to urge my colleagues to support legislation I am introducing today to name the Veterans Telehealth Clinic in Craig, Colorado, after Medal of Honor recipient Major William E.…

Max Baucus
Sen. Max BaucusD-MT · Feb 14, 2011

Mr. President, I rise today to introduce the Rural Heritage Conservation Extension Act. In the last few months, our nation has engaged in a discourse about responsibility. No one can deny that our…

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Harry Reid
Sen. Harry ReidD-NV · Feb 14, 2011

Mr. President, I rise today on behalf of our nation's veterans to once again discuss the unjust and outdated policy of failing to give our veterans their full earned military retirement benefits and…

Harry Reid
Sen. Harry ReidD-NV · Feb 14, 2011

Mr. President, I rise today on behalf of our nation's veterans to once again discuss the unjust and outdated policy of failing to give our veterans their full earned military retirement benefits and…

Bill Text

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Introduced in SenateIssued February 14, 2011

II

112th CONGRESS

1st Session

S. 344

IN THE SENATE OF THE UNITED STATES

February 14, 2011

Mr. Reid (for himself, Ms. Stabenow, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Armed Services

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, and for other purposes.

1.

Short title

This Act may be cited as the Retired Pay Restoration Act of 2011.

2.

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:

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 January 1, 2012, and shall apply to payments for months beginning on or after that date.

3.

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 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 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 2½ 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 January 1, 2012, and shall apply to payments for months beginning on or after that date.

4.

Clarification of computation of combat-related special compensation for chapter 61 disability retirees

(a)

In general

Section 1413a(b)(3) of title 10, United States Code, is amended by striking shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds both places it appears and inserting may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed.

(b)

Effective date

The amendments made by this section shall take effect on January 1, 2012, and shall apply to payments for months beginning on or after that date.