Major Richard Star Act

Major Richard Star Act

This bill allows a veteran with a combat-related disability and fewer than 20 years of creditable service to receive retirement pay, without reduction, concurrent with disability compensation.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 344 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                 S. 344

   To amend title 10, United States Code, to provide for concurrent 
   receipt of veterans' disability compensation and retired pay for 
 disability retirees with fewer than 20 years of service and a combat-
              related disability, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 22, 2021

Mr. Tester (for himself, Mr. Crapo, Mr. Hoeven, Mr. Peters, Mr. Risch, 
  Mr. Wyden, Ms. Stabenow, Mr. Blunt, Ms. Warren, Mr. Van Hollen, Mr. 
   Menendez, Mr. Markey, Ms. Sinema, Ms. Klobuchar, Ms. Hirono, Mr. 
   Boozman, Mr. Coons, Mr. Leahy, Mr. Whitehouse, Mrs. Shaheen, Mr. 
Bennet, Ms. Cortez Masto, Mr. Blumenthal, Ms. Smith, Ms. Murkowski, Mr. 
Casey, Mr. Warner, Ms. Collins, Mr. Portman, Mr. Moran, Mr. Wicker, Mr. 
  Manchin, Mrs. Gillibrand, Mr. Daines, Mrs. Murray, Mr. Rounds, Mrs. 
Capito, Mr. Cramer, Mr. Sanders, Mr. Barrasso, Mr. Merkley, Mr. Brown, 
 Ms. Hassan, and Mr. Durbin) introduced the following bill; which was 
     read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 10, United States Code, to provide for concurrent 
   receipt of veterans' disability compensation and retired pay for 
 disability retirees with fewer than 20 years of service and a combat-
              related disability, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Major Richard Star Act''.

SEC. 2. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER THAN 20 YEARS OF 
              SERVICE AND A COMBAT-RELATED DISABILITY FOR CONCURRENT 
              RECEIPT OF VETERANS' DISABILITY COMPENSATION AND RETIRED 
              PAY.

    (a) Concurrent Receipt in Connection With CSRC.--Section 
1413a(b)(3)(B) of title 10, United States Code, is amended by striking 
``creditable service,'' and all that follows and inserting the 
following: ``creditable service--
                            ``(i) the retired pay of the retiree is not 
                        subject to reduction under sections 5304 and 
                        5305 of title 38; and
                            ``(ii) no monthly amount shall be paid the 
                        retiree under subsection (a).''.
    (b) Concurrent Receipt Generally.--Section 1414(b)(2) of title 10, 
United States Code, is amended by striking ``Subsection (a)'' and all 
that follows and inserting the following: ``Subsection (a)--
                    ``(A) applies to a member described in paragraph 
                (1) of that subsection who is retired under chapter 61 
                of this title with less than 20 years of service 
                otherwise creditable under chapter 1405 of this title, 
                or with less than 20 years of service computed under 
                section 12732 of this title, at the time of the 
                member's retirement if the member has a combat-related 
                disability (as that term is defined in section 1413a(e) 
                of this title), except that in the application of 
                subsection (a) to such a member, any reference in that 
                subsection to a qualifying service-connected disability 
                shall be deemed to be a reference to that combat-
                related disability; but
                    ``(B) does not apply to any member so retired if 
                the member does not have a combat-related 
                disability.''.
    (c) Technical and Conforming Amendments.--
            (1) Amendments reflecting end of concurrent receipt phase-
        in period.--Section 1414 of title 10, United States Code, is 
        further amended--
                    (A) in subsection (a)(1)--
                            (i) by striking the second sentence; and
                            (ii) by striking subparagraphs (A) and (B);
                    (B) by striking subsection (c) and redesignating 
                subsections (d) and (e) as subsections (c) and (d), 
                respectively; and
                    (C) in subsection (d), as redesignated, by striking 
                paragraphs (3) and (4).
            (2) Section heading.--The heading of such section 1414 is 
        amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent receipt''.
            (3) Table of sections.--The table of sections at the 
        beginning of chapter 71 of such title is amended by striking 
        the item relating to section 1414 and inserting the following 
        new item:

``1414. Members eligible for retired pay who are also eligible for 
                            veterans' disability compensation: 
                            concurrent receipt.''.
            (4) Conforming amendment.--Section 1413a(f) of such title 
        is amended by striking ``Subsection (d)'' and inserting 
        ``Subsection (c)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month beginning after the date of 
the enactment of this Act and shall apply to payments for months 
beginning on or after that date.
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