Extends through 2013 eligibility for the concurrent receipt of military retired pay and veterans' disability compensation for veterans who were retired or separated due to physical disability, regardless of their disability rating or years of service.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4525 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4525
To amend title 10, United States Code, to expand the eligibility for
concurrent receipt of military retired pay and veterans' disability
compensation to include all members of the uniformed services who are
retired under chapter 61 of such title for disability, regardless of
the members' disability rating percentage.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 26, 2010
Mr. Wilson of South Carolina introduced the following bill; which was
referred to the Committee on Armed Services, and in addition to the
Committees on the Budget and 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 expand the eligibility for
concurrent receipt of military retired pay and veterans' disability
compensation to include all members of the uniformed services who are
retired under chapter 61 of such title for disability, regardless of
the members' disability rating percentage.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. EXPANSION OF ELIGIBILITY FOR CONCURRENT RECEIPT OF MILITARY
RETIRED PAY AND VETERANS' DISABILITY COMPENSATION TO
INCLUDE ALL CHAPTER 61 DISABILITY RETIREES REGARDLESS OF
DISABILITY RATING PERCENTAGE.
(a) Phased Expansion Concurrent Receipt.--Subsection (a) of section
1414 of title 10, United States Code, is amended to read as follows:
``(a) Payment of Both Retired Pay and Disability Compensation.--
``(1) Payment of both required.--
``(A) In general.--Subject to 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 qualifying service-connected
disability (in this section referred to as a `qualified
retiree') is entitled to be paid both the retired pay
and the veterans' disability compensation for that
month without regard to sections 5304 and 5305 of title
38.
``(B) Applicability of full concurrent receipt
phase-in requirement.--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).
``(C) Phase-in exception for 100 percent disabled
retirees.--The payment of retired pay is subject to
subsection (c) only during the period beginning on
January 1, 2004, and ending on December 31, 2004, in
the case of the following qualified retirees:
``(i) A qualified retiree receiving
veterans' disability compensation for a
disability rated as 100 percent.
``(ii) A qualified retiree receiving
veterans' disability compensation at the rate
payable for a 100 percent disability by reason
of a determination of individual
unemployability.
``(D) Phase-in exception for certain chapter 61
disability retirees.--Subject to subsection (b), on and
after January 1, 2011, subsection (c) shall not apply
to a qualified retiree who has a qualifying service-
connected disability described in subparagraph (B) or
(C) of paragraph (2).
``(2) Qualifying service-connected disability defined.--In
this section, the term `qualifying service-connected
disability', with respect to a qualified retiree, means the
following:
``(A) In the case of a qualified retiree receiving
retired pay under any provision of law other than
chapter 61 of this title, or under chapter 61 with 20
years or more of service otherwise creditable under
section 1405 or computed under section 12732 of this
title, a service-connected disability or combination of
service-connected disabilities that is rated as
disabling by the Secretary of Veterans Affairs.
``(B) In the case of a qualified retiree receiving
retired pay under chapter 61 of this title with less
than 20 years of service otherwise creditable under
section 1405 or computed under section 12732 of this
title, a service-connected disability or combination of
service-connected disabilities that is rated by the
Secretary of Veterans Affairs at the disabling level
specified in one of the following clauses (and is
effective on or after the date specified in the
applicable clause):
``(i) January 1, 2011, rated 100 percent,
or a rate payable at 100 percent by reason of
individual unemployability or rated 90 percent.
``(ii) January 1, 2012, rated 80 percent or
70 percent.
``(iii) January 1, 2013, rated 60 percent
or 50 percent.
``(C) In the case of a qualified retiree receiving
retired pay under chapter 61 regardless of years of
service, a service-connected disability or combination
of service-connected disabilities that is rated by the
Secretary of Veterans Affairs at the disabling level
specified in one of the following clauses (and is
effective on or after the date specified in the
applicable clause):
``(i) January 1, 2014, rated 40 percent or
30 percent.
``(ii) January 1, 2015, any rating.''.
(b) Conforming Amendment to Special Rules for Chapter 61 Disability
Retirees.--Subsection (b) of such section is amended to read as
follows:
``(b) Special Rules for Chapter 61 Disability Retirees..--
``(1) Career retirees.--The retired pay of a member retired
under chapter 61 of this title with 20 years or more of service
otherwise creditable under section 1405 of this title, or at
least 20 years of service computed under section 12732 of this
title, at the time of the member's retirement, is subject to
reduction under sections 5304 and 5305 of title 38, but only to
the extent that the amount of the member's retired pay under
chapter 61 of this title exceeds the amount of retired pay to
which the member would have been entitled under any other
provision of law based upon the member's service in the
uniformed services if the member had not been retired under
chapter 61 of this title.
``(2) Special rule for retirees with fewer than 20 years of
service.--The retired pay of a member retired under chapter 61
of this title with fewer than 20 years of creditable service
otherwise creditable under section 1405 or computed under
section 12732 of this title, at the time of the member's
retirement, is subject to reduction under sections 5304 and
5305 of title 38, but only to the extent that the amount of the
member's retired pay under chapter 61 of this title 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.''.
(c) Full Concurrent Receipt Phase-In.--Subsection (c) of such
section is amended--
(1) by striking ``the second sentence of'' in the matter
preceding paragraph (1); and
(2) in paragraph (1), 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.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of such section is
amended to read as follows:
``Sec. 1414. Concurrent receipt of retired pay and veterans' disability
compensation''.
(2) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item related to section 1414 and inserting the following
new item:
``1414. Concurrent receipt of retired pay and veterans' disability
compensation.''.
(e) Effective Date.--The amendments made by this section shall take
effect on January 1, 2011.
(f) Funding Offset.--The Chairman of the Committee on the Budget of
the House of Representatives shall provide the necessary adjustments in
allocations, aggregates, and other appropriate levels in the concurrent
resolution on the budget for fiscal year 2011 to implement this section
and the amendments made by this section.
<all>
Introduced in House
Introduced in House
Referred to House Armed Services
Referred to the Committee on Armed Services, and in addition to the Committees on the Budget, and 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.
Referred to House Budget
Referred to House Veterans' Affairs
Referred to the Subcommittee on Military Personnel.
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