[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2062 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2062

    To amend title 10, United States Code, to provide that certain 
    individuals who would be eligible for military retired pay for 
 nonregular service but for the fact that they did not serve on active 
 duty during a period of conflict may be paid such retired pay if they 
served in the United States merchant marine during or immediately after 
                             World War II.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 25, 1997

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

_______________________________________________________________________

                                 A BILL


 
    To amend title 10, United States Code, to provide that certain 
    individuals who would be eligible for military retired pay for 
 nonregular service but for the fact that they did not serve on active 
 duty during a period of conflict may be paid such retired pay if they 
served in the United States merchant marine during or immediately after 
                             World War II.

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

SECTION 1. REMOVAL OF LIMITATION ON PAYMENT OF MILITARY RETIRED PAY FOR 
              CERTAIN PERSONS WHO SERVED IN THE MERCHANT MARINE.

    (a) Removal of Limitation.--Section 12731(c)(1) of title 10, United 
States Code, is amended--
            (1) by striking out ``or'' at the end of subparagraph (A);
            (2) by striking out the period at the end of subparagraph 
        (B) and inserting in lieu thereof ``; or''; and
            (3) by adding at the end the following:
            ``(C) the person served in the United States merchant 
        marine after May 26, 1940, and before January 1, 1948--
                    ``(i) while documented by an officer or employee of 
                the United States authorized by law to do so; and
                    ``(ii) as a crew member of a vessel which at the 
                time of that service--
                            ``(I) was documented in the United States;
                            ``(II) was operated under the flag of the 
                        United States in waters other than inland 
                        waters of the United States; and
                            ``(III) was under contract or charter to, 
                        or was the property of, the Government of the 
                        United States.''.
    (b) Lump Sum Payment of Accrued Retired Pay.--The Secretary 
concerned (as defined in section 101 of title 10, United States Code) 
shall, within 60 days after the date of the enactment of this Act, make 
a lump sum payment to each person eligible for military retired pay 
under chapter 1223 of title 10, United States Code, by reason of the 
amendments made by subsection (a). Such payment shall be in the amount 
equal to the total amount of retired pay that the person would have 
received before the date of the first payment to that person pursuant 
to those amendments if those amendments had been in effect on the date 
that the person became 60 years of age.
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