S 546 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

March 9, 2009CommentsClose CommentsPermalink

Mr. REID introduced the following bill; which was read twice and referred to the Committee on Armed ServicesCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Retired Pay Restoration Act of 2009’.CommentsClose CommentsPermalink

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-CommentsClose CommentsPermalink





(1) REPEAL OF 50 PERCENT REQUIREMENT- Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a).CommentsClose CommentsPermalink





(2) COMPUTATION- Paragraph (1) of subsection (c) of such section is amended by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Clerical Amendments-CommentsClose CommentsPermalink





(1) The heading of section 1414 of such title is amended to read as follows:CommentsClose CommentsPermalink

‘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:CommentsClose CommentsPermalink





‘1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on January 1, 2009, and shall apply to payments for months beginning on or after that date.CommentsClose CommentsPermalink

SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION AND CONCURRENT RECEIPT.

(a) Amendments To Standardize Similar Provisions-CommentsClose CommentsPermalink





(1) QUALIFIED RETIREES- Subsection (a) of section 1414 of title 10, United States Code, as amended by section 2(a), is amended--CommentsClose CommentsPermalink





(A) by striking ‘a member or’ and all that follows through ‘retiree’)’ and inserting ‘a qualified retiree’; andCommentsClose CommentsPermalink





(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) is entitled to retired pay (other by reason of section 12731b of this title); andCommentsClose CommentsPermalink





‘(B) is also entitled for that month to veterans’ disability compensation.’.CommentsClose CommentsPermalink





(2) DISABILITY RETIREES- Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(A) the amount of the reduction under sections 5304 and 5305 of title 38; orCommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendments made by this section shall take effect on January 1, 2009, and shall apply to payments for months beginning on or after that date.CommentsClose CommentsPermalink