[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 303 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 303
To amend title 10, United States Code, to permit additional retired
members of the Armed Forces 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
January 9, 2025
Mr. Bilirakis 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 additional retired
members of the Armed Forces 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''.
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) For more than 100 years before 1999, all disabled
military retirees were required to fund their own veterans'
disability compensation by forfeiting one dollar of earned
retired pay for each dollar received in veterans' disability
compensation.
(2) Since 1999, Congress has enacted legislation to
progressively expand eligibility criteria for relief of the
retired pay disability offset and reduce the burden of
financial sacrifice on disabled military retirees.
(3) Absent adequate funding to eliminate the sacrifice for
all disabled retirees, Congress has given initial priority to
easing financial inequities for the most severely disabled and
for combat-disabled retirees.
(4) In the interest of maximizing eligibility within cost
constraints, Congress effectively has authorized full
concurrent receipt for all qualifying retirees with 100-percent
disability ratings and all qualifying retirees with combat-
related disability ratings, while phasing out the disability
offset to retired pay over 10 years for retired members with
noncombat-related, service-connected disability ratings of 50
percent to 90 percent.
(5) In pursuing these good-faith efforts, Congress
acknowledges the regrettable necessity of creating new
thresholds of eligibility that understandably are disappointing
to disabled retirees who fall short of meeting those new
thresholds.
(6) Congress is not content with the status quo.
(b) Sense of Congress.--It is the sense of Congress that military
retired pay earned by service and sacrifice in defending the United
States should not be reduced because a military retiree is also
eligible for veterans' disability compensation awarded for service-
connected disability.
SEC. 3. 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.--Section
1414(a) 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) Amendments To Reflect Conclusion of Phase-In of Concurrent
Receipt of Retired Pay and Veterans' Disability Compensation.--Section
1414 of title 10, United States Code, 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) Specification of Qualified Retirees for Concurrent Receipt
Purposes.--Section 1414 of title 10, United States Code, is further
amended--
(1) in subsection (a), as amended by subsections (a) and
(b)--
(A) 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
(B) by inserting ``retired pay and veterans'
disability compensation'' after ``both'';
(2) in subsection (b)--
(A) by striking ``Special Rules'' in the subsection
heading and all that follows through ``is subject to''
and inserting ``Special Rules 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); and
(3) in subsection (d), as redesignated and amended by
subsection (b), 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.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading of section 1414 of title
10, United States Code, 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
title 10, United States Code, 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.''.
(e) Conforming Amendment.--Section 1413a(f) of title 10, United
States Code, is amended by striking ``Subsection (d)'' and inserting
``Subsection (c)''.
(f) Effective Date.--The amendments made by this section shall take
effect as of January 1, 2021, and shall apply to payments for months
beginning on or after that date.
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