[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4909 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4909

To amend title 38, United States Code, to permit retired members of the 
 Armed Forces who retired with over 20 years of service, were awarded 
 the Purple Heart, and have a service-connected disability compensable 
by the Department of Veterans Affairs to receive compensation from the 
Department of Veterans Affairs concurrently with military retired pay, 
  without reduction of either, and to provide for the preservation of 
certain benefits for surviving spouses of veterans and retired members 
                          of the Armed Forces.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2000

  Mr. Cramer introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, 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 38, United States Code, to permit retired members of the 
 Armed Forces who retired with over 20 years of service, were awarded 
 the Purple Heart, and have a service-connected disability compensable 
by the Department of Veterans Affairs to receive compensation from the 
Department of Veterans Affairs concurrently with military retired pay, 
  without reduction of either, and to provide for the preservation of 
certain benefits for surviving spouses of veterans and retired members 
                          of the Armed Forces.

    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 ``Veterans Compensation Equity Act of 
2000''.

SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DISABILITY RETIREMENT FOR 
              VETERANS WHO RECEIVED THE PURPLE HEART.

    (a) Concurrent Receipt.--Section 5304 of title 38, United States 
Code, is amended--
            (1) by adding at the end of subsection (a)(1) the following 
        new sentence: ``Notwithstanding the preceding sentence, 
        emergency officers', regular, or reserve retirement pay (other 
        than retired pay under chapter 61 of title 10) shall be paid to 
        a veteran concurrently with compensation for a service-
        connected disability, without deduction from either the 
        retirement pay or the compensation, in the case of a veteran 
        who was awarded the Purple Heart and whose retirement pay is 
        based on service of 20 years or more.''; and
            (2) by adding at the end the following new subsection:
    ``(d) Compensation paid by the Secretary for a service-connected 
disability may not be considered in determining eligibility for any 
other benefit under any provision of Federal, State, or local law and 
may not be counted as income of the veteran or the veteran's family for 
purposes of any provision of Federal, State, or local law for which 
eligibility for any benefit or program is determined based upon 
income.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to payments for periods beginning on or after the 
date of the enactment of this Act.

SEC. 3. PRESERVATION OF VETERAN'S COMPENSATION BENEFIT FOR SURVIVING 
              SPOUSE.

    (a) Compensation Benefit To Survive Death of Veteran.--Section 1311 
of title 38, United States Code, is amended by adding at the end the 
following new subsection:
    ``(f) Notwithstanding the preceding provisions of this section, the 
rate of dependency and indemnity compensation paid for any month to the 
surviving spouse of a veteran who was awarded the Purple Heart shall be 
at the rate at which compensation under chapter 11 of this title would 
be paid for that month to that veteran if the veteran were not deceased 
(except that, for purposes of section 1115 of this title, such rate of 
compensation shall be determined as if the veteran had no spouse).''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to payments for months beginning on or after the date of 
the enactment of this Act.

SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE 100 PERCENT OF 
              RETIRED PAY BASE AMOUNT.

    (a) Termination.--Section 1451 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking out ``shall be'' 
                in the matter preceding subparagraph (A) and all that 
                follows in that paragraph and inserting in lieu thereof 
                ``shall be the amount equal to 100 percent of the base 
                amount.''; and
                    (B) in paragraph (2), by striking out ``shall be'' 
                in the matter preceding subparagraph (A) and all that 
                follows in that paragraph and inserting in lieu thereof 
                ``shall be the amount equal to a percentage of the base 
                amount that--
                    ``(A) is less than 100 percent; and
                    ``(B) is determined under subsection (f).''; and
            (2) in paragraph (1) of subsection (c), by striking out 
        ``shall be'' in the matter preceding subparagraph (A) and all 
        that follows in that paragraph and inserting in lieu thereof 
        ``shall be the amount equal to 100 percent of the retired pay 
        to which the member or former member would have been entitled 
        if the member or former member had been entitled to that pay 
        based upon his years of active service when he died.''.
    (b) Repeal of Requirement for Reduction of Annuity at Age 62.--Such 
section is further amended by striking out subsection (d).
    (c) Repeal of Alternative Computation for Certain Beneficiaries for 
Whom Social Security Offset Was More Beneficial Than Two-Tier 
Computation.--Such section is further amended by striking out 
subsection (e).
    (d) Conforming Amendment.--Subsection (f) of such section is 
amended by striking out ``(a)(2), (b)(2), or (e)(2)(B)'' and inserting 
in lieu thereof ``(a)(2) or (b)(2)''.
    (e) Effective Date.--The amendments made by this section shall 
apply to payment of annuities for months that begin after the date of 
the enactment of this Act.
    (f) Recomputation of Existing Annuities.--In the case of a person 
who is a beneficiary under the Survivor Benefit Plan established by 
subchapter II of chapter 73 of title 10, United States Code, on the 
date of the enactment of this Act, the Secretary concerned (as defined 
in section 101 of title 37, United States Code) shall recompute the 
amount of that person's annuity as necessary to reflect the amendments 
made by this section.
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