[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2076 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2076
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 4, 2005
Mr. Bilirakis (for himself, Mr. Bradley of New Hampshire, and Mr.
Miller of Florida) 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.
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 ``Retired Pay Restoration Act of
2005''.
SEC. 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) Repeal of Phase-in of Concurrent Receipt for Retirees With
Service-Connected Disabilities Rated as Total.--Subsection (a)(1) of
such section is amended by striking ``except that'' and all that
follows and inserting ``except--
``(A) 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
``(B) 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, 2005.''.
(c) Clerical Amendments.--
(1) 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) 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 on January 1, 2006, and shall apply to payments for months
beginning on or after that date.
SEC. 3. 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 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
``(2) has a combat-related disability.''.
(b) Amendments to Standardize Similar Provisions.--
(1) Clerical amendment.--The heading for paragraph (3) of
section 1413a(b) of such title is amended by striking ``rules''
and inserting ``rule''.
(2) Qualified retirees.--Subsection (a) of section 1414 of
such title, 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
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 also entitled for that month to
veterans' disability compensation.''.
(3) Disability 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 on January 1, 2006, and shall apply to payments for months
beginning on or after that date.
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