[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 657 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 657

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 SENATE OF THE UNITED STATES

                             April 25, 1997

  Mr. Daschle (for himself and Mr. Jeffords) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 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 
1997''.

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) Concurrent Payment.--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) Offset of Disability Compensation.--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) Definitions.--In this section:
            ``(1) Retired pay.--The term `retired pay' includes 
        retainer pay and emergency officers' retirement pay.
            ``(2) Veterans' disability compensation.--The term 
        `veterans' disability compensation' has the meaning given the 
        term `compensation' in section 101(13) 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, 1997.
    (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.
                                 <all>