Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013.
Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age.
Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse.
Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
Removes the requirement that days of active duty or active service used to reduce the minimum age at which a member of the reserves may retire for non-regular (reserve) service must occur in the same fiscal year.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1979 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1979
To amend title 10, United States Code, to expand eligibility for
concurrent receipt of military retired pay and veterans' disability
compensation to include additional chapter 61 disability retirees, to
coordinate eligibility for combat-related special compensation and
concurrent receipt, to eliminate the reduction of SBP survivor
annuities by dependency and indemnity compensation, and to enhance the
ability of members of the reserve components who serve on active duty
or perform active service to receive credit for such service in
determining eligibility for early receipt of non-regular service
retired pay.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 25, 2011
Mr. Andrews 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 expand eligibility for
concurrent receipt of military retired pay and veterans' disability
compensation to include additional chapter 61 disability retirees, to
coordinate eligibility for combat-related special compensation and
concurrent receipt, to eliminate the reduction of SBP survivor
annuities by dependency and indemnity compensation, and to enhance the
ability of members of the reserve components who serve on active duty
or perform active service to receive credit for such service in
determining eligibility for early receipt of non-regular service
retired pay.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS'
DISABILITY COMPENSATION FOR CERTAIN ADDITIONAL MILITARY
RETIREES WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.
(a) 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--
(1) by striking ``Compensation'' in the subsection heading
and all that follows through ``Subject'' and inserting
``Compensation.--Subject''; and
(2) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and
Veterans' Disability Compensation.--Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this
section, by striking the final sentence;
(2) by striking subsection (c) and redesignating
subsections (d) and (e) as subsections (c) and (d),
respectively; and
(3) in subsection (d), as so redesignated, by striking
paragraphs (3) and (4).
(c) Clerical Amendments.--
(1) Section heading.--The heading for section 1414 of such
title is amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for
veterans' disability compensation: concurrent payment of
retired pay and disability compensation''.
(2) Table of sections.--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.''.
(d) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL
COMPENSATION AND CONCURRENT RECEIPT.
(a) 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--
``(1) 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''.
(b) Amendments To Standardize Similar Provisions.--
(1) Clerical and conforming amendments.--Section 1413a of
such title is further amended--
(A) in the heading for paragraph (3) of subsection
(b), by striking ``rules'' and inserting ``rule''; and
(B) in subsection (f), by striking ``Subsection
(d)'' and inserting ``Subsection (c)''.
(2) Specification of qualified retirees for concurrent
receipt purposes.--Section 1414 of such title, as amended by
section 3, is amended--
(A) in subsection (a)--
(i) by striking ``a member or'' and all
that follows through ``is entitled'' and
inserting ``an individual who is a qualified
retiree for any month is entitled''; and
(ii) by inserting ``retired pay and
veterans' disability compensation'' after
``both''; and
(B) in subsection (d), by adding at the end the
following new paragraph:
``(3) Qualified retiree.--The term `qualified retiree'
means a member or former member of the uniformed services who,
with respect to any month--
``(A) 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
``(B) is entitled to veterans' disability
compensation.''.
(3) Standardization with crsc rule for chapter 61
retirees.--Subsection (b) of section 1414 of such title is
amended--
(A) 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
(B) by striking paragraph (2).
(c) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2012, and shall apply to payments for months
beginning on or after that date.
SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY
DEPENDENCY AND INDEMNITY COMPENSATION.
(a) Repeal.--
(1) Repeal.--Subchapter II of chapter 73 of title 10,
United States Code, is amended as follows:
(A) In section 1450, by striking subsection (c).
(B) In section 1451(c)--
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and
(4) as paragraphs (2) and (3), respectively.
(2) Conforming amendments.--Such subchapter is further
amended as follows:
(A) In section 1450--
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph
(C).
(C) In section 1452--
(i) in subsection (f)(2), by striking
``does not apply--'' and all that follows and
inserting ``does not apply in the case of a
deduction made through administrative error.'';
and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking ``,
1450(k)(2),''.
(b) Prohibition on Retroactive Benefits.--No benefits may be paid
to any person for any period before the effective date provided under
subsection (f) by reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously
Refunded to SBP Recipients.--A surviving spouse who is or has been in
receipt of an annuity under the Survivor Benefit Plan under subchapter
II of chapter 73 of title 10, United States Code, that is in effect
before the effective date provided under subsection (f) and that is
adjusted by reason of the amendments made by subsection (a) and who has
received a refund of retired pay under section 1450(e) of title 10,
United States Code, shall not be required to repay such refund to the
United States.
(d) Repeal of Authority for Optional Annuity for Dependent
Children.--Section 1448(d)(2) of such title is amended--
(1) by striking ``Dependent children.--'' and all that
follows through ``In the case of a member described in
paragraph (1),'' and inserting ``Dependent children.--In the
case of a member described in paragraph (1),''; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses.--
The Secretary of the military department concerned shall restore
annuity eligibility to any eligible surviving spouse who, in
consultation with the Secretary, previously elected to transfer payment
of such annuity to a surviving child or children under the provisions
of section 1448(d)(2)(B) of title 10, United States Code, as in effect
on the day before the effective date provided under subsection (f).
Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status
or death. For the purposes of this subsection, an eligible spouse
includes a spouse who was previously eligible for payment of such
annuity and is not remarried, or remarried after having attained age
55, or whose second or subsequent marriage has been terminated by
death, divorce or annulment.
(f) Effective Date.--This section and the amendments made by this
section shall take effect on the later of--
(1) October 1, 2011; or
(2) the first day of the first month that begins after the
date of the enactment of this Act.
SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CONSIDERING ACTIVE
DUTY AND ACTIVE SERVICE FOR EARLY ELIGIBILITY FOR RECEIPT
OF NON-REGULAR SERVICE RETIRED PAY.
(a) Consideration of 90-Day Periods of Service.--Section
12731(f)(2)(A) of title 10, United States Code, is amended by striking
``below 60 years of age by three months for each aggregate of 90 days
on which such person so performs in any fiscal year after such date,
subject to subparagraph (C)'' and inserting ``, subject to subparagraph
(C), below 60 years of age by three months for each aggregate of 90
days on which such person serves on such active duty or performs such
active service after such date''.
(b) Retroactive Effective Date.--The amendment made by subsection
(a) shall take effect as of January 28, 2008, and as if included in the
National Defense Authorization Act for Fiscal Year 2008 (Public Law
110-181) as enacted.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the Subcommittee on Military Personnel.
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