[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 65 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 65

To amend title 10, United States Code, to permit retired members of the 
    Armed Forces who have a service-connected disability to receive 
      military retired pay concurrently with veterans' disability 
                             compensation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

  Mr. Bilirakis (for himself and Mr. Tejeda) introduced the following 
     bill; which was referred to the Committee on National Security

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to permit retired members of the 
    Armed Forces who have a service-connected disability to receive 
      military retired pay concurrently with veterans' disability 
                             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 ``Military Retirement Equity Act of 
1995''.

SEC. 2. CONCURRENT PAYMENT OF RETIRED PAY AND COMPENSATION.

    (a) Limitation on Duplication of Benefits.--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) Subject to subsection (b), a person entitled to retired pay 
may be paid that pay concurrently with the payment of veterans' 
disability compensation for a service-connected disability if the 
person's entitlement to retired pay is based solely on--
            ``(1) the person's age;
            ``(2) the length of the person's service in the uniformed 
        services; or
            ``(3) both the person's age and the length of such service.
    ``(b) In the case of a person who is receiving both retired pay and 
veterans' disability compensation, the amount of retired pay paid such 
person shall be reduced (but not below zero) based on the rating of the 
person's disability for veterans' disability compensation purposes as 
follows:
            ``(1) If and while the disability is rated 10 percent, by 
        the amount equal to 90 percent of the amount of the disability 
        compensation paid such person.
            ``(2) If and while the disability is rated 20 percent, by 
        the amount equal to 80 percent of the amount of the disability 
        compensation paid such person.
            ``(3) If and while the disability is rated 30 percent, by 
        the amount equal to 70 percent of the amount of the disability 
        compensation paid such person.
            ``(4) If and while the disability is rated 40 percent, by 
        the amount equal to 60 percent of the amount of the disability 
        compensation paid such person.
            ``(5) If and while the disability is rated 50 percent, by 
        the amount equal to 50 percent of the amount of the disability 
        compensation paid such person.
            ``(6) If and while the disability is rated 60 percent, by 
        the amount equal to 40 percent of the amount of the disability 
        compensation paid such person.
            ``(7) If and while the disability is rated 70 percent, by 
        the amount equal to 30 percent of the amount of the disability 
        compensation paid such person.
            ``(8) If and while the disability is rated 80 percent, by 
        the amount equal to 20 percent of the amount of the disability 
        compensation paid such person.
            ``(9) If and while the disability is rated 90 percent, by 
        the amount equal to 10 percent of the amount of the disability 
        compensation paid such person.
The retired pay of a person entitled to disability compensation may not 
be reduced under this subsection if and while the disability of such 
person is rated as total.
    ``(c) In this section:
            ``(1) The term `retired pay' includes retainer pay and 
        emergency officers' retirement pay.
            ``(2) The term `veterans' disability compensation' has the 
        meaning given the term `compensation' in section 101(12) of 
        title 38.''.
    (b) Clerical Amendment.--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.''.

SEC. 3. EFFECTIVE DATE AND PROHIBITION ON RETROACTIVE BENEFITS.

    (a) In General.--The amendments made by this Act shall take effect 
on October 1, 1995.
    (b) Retroactive Benefits.--No benefits shall be paid to any person 
by virtue of this Act for any period before the effective date of this 
Act.

SEC. 4. SENSE OF CONGRESS.

    It is the sense of the Congress that when the Federal budget 
deficit has been reduced, Congress should reexamine the issue of the 
offset of military retirement pay by a veteran's disability 
compensation and should eliminate the entire offset between military 
retirement pay and disability compensation.
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