[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1147 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1147
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 15, 2021
Mr. Tester (for himself, Ms. Murkowski, Mr. Blumenthal, Mr. Brown, Ms.
Hirono, Mrs. Murray, Mr. Sanders, Ms. Sinema, Mr. Boozman, Mr. Cramer,
Mr. Blunt, Mr. Casey, Mr. Coons, Ms. Cortez Masto, Ms. Klobuchar, Mr.
Leahy, Mr. Markey, Mr. Menendez, Ms. Rosen, Mrs. Shaheen, Ms. Smith,
Ms. Stabenow, Mr. Van Hollen, Ms. Warren, Mr. Whitehouse, and Mr.
Wyden) 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.
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''.
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.--Section
1414 of title 10, United States Code, is amended by striking paragraph
(2) of subsection (a).
(b) Clerical Amendments.--
(1) The heading of 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.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022, 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) 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 ``paid both for that month'' and
inserting ``a qualified retiree is entitled to be paid
both retired pay and veterans' disability compensation
for a month''; 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 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 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.''.
(b) Effective Date.--The amendments made by this section shall take
effect on January 1, 2022, and shall apply to payments for months
beginning on or after that date.
<all>