H.R.44 - To amend title 10, United States Code, to provide limited authority for concurrent payment of retired pay and veterans' disability compensation for certain disabled veterans.105th Congress (1997-1998)
|Sponsor:||Rep. Bilirakis, Michael [R-FL-9] (Introduced 01/07/1997)|
|Committees:||House - National Security; Veterans' Affairs|
|Latest Action:||House - 04/14/1997 Executive Comment Requested from DOD. (All Actions)|
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Text: H.R.44 — 105th Congress (1997-1998)All Information (Except Text)
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Introduced in House (01/07/1997)
[Congressional Bills 105th Congress] [From the U.S. Government Printing Office] [H.R. 44 Introduced in House (IH)] 105th CONGRESS 1st Session H. R. 44 To amend title 10, United States Code, to provide limited authority for concurrent payment of retired pay and veterans' disability compensation for certain disabled veterans. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES January 7, 1997 Mr. Bilirakis introduced the following bill; which was referred to the Committee on National Security, 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 provide limited authority for concurrent payment of retired pay and veterans' disability compensation for certain disabled veterans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIMITED AUTHORITY FOR CONCURRENT PAYMENT OF RETIRED PAY AND VETERANS' DISABILITY COMPENSATION FOR CERTAIN DISABLED VETERANS. (a) Limitation on Duplication of Benefits.--(1) Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1413. Concurrent payment of retired pay and veterans' disability compensation ``(a) The prohibition on concurrent award of veterans' disability compensation and retired pay set forth in section 5304(a)(1) of title 38 does not apply to a person who has a service-connected disability if-- ``(1) the person has completed at least 20 years of service in the uniformed services that is creditable for purposes of computing the amount of retired pay to which the member is entitled; ``(2) the disability was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and ``(3) the disability is rated as not less than 70 percent-- ``(A) by the Secretary concerned as of the date on which the person is retired from the uniformed services; or ``(B) by the Secretary of Veterans Affairs within four years following the date on which the person is retired from the uniformed services. ``(b) The amount of retired pay paid in accordance with subsection (a) concurrently with the payment of disability compensation to any person for any month shall be the following amount (which shall be in addition to any amount of retired pay to which that person is otherwise entitled under any other provision of law): ``(1) In the case of a person who for that month has a disability rated as total, $300. ``(2) In the case of a person who for that month has a disability rated as 90 percent, $200. ``(3) In the case of a person who for that month has a disability rated as 80 percent or 70 percent, $100. ``(c) Notwithstanding section 1463(a) of this title, the amount of retired pay paid in accordance with subsection (a) concurrently with the payment of disability compensation to the recipients of such retired pay shall be paid out of funds appropriated for the Department of Defense for any fiscal year. ``(d) Subsection (a) is not applicable to a person for any period for which the disability of such person is not a disability rated as not less than 70 percent disabling as described in paragraph (3) of such subsection. ``(e) In this section: ``(1) The terms `compensation' and `service-connected' have the meanings given those terms in section 101 of title 38. ``(2) The term `disability rated as total' means-- ``(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or ``(B) a disability for which the schedular rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities. ``(3) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension. ``(f) This section shall take effect on October 1, 1997, and shall apply to months that begin on or after that date.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1413. Concurrent payment of retired pay and veterans' disability compensation.''. (b) Retroactive Benefits.--No benefits shall be paid to any person by reason of section 1413 of title 10, United States Code, for any period before the effective date of that section. <all>