[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 789 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 789

To amend title 10, United States Code, to authorize payment of special 
 compensation to certain severely disabled uniformed services retirees.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

  Mr. McCain 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 authorize payment of special 
 compensation to certain severely disabled uniformed services retirees.

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

SECTION 1. SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED 
              SERVICES RETIREES.

    (a) Authority.--(1) Chapter 71 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1413. Special compensation for certain severely disabled 
              uniformed services retirees
    ``(a) Authority.--The Secretary concerned shall, subject to the 
availability of appropriations for such purpose, pay to each eligible 
disabled uniformed services retiree a monthly amount determined under 
subsection (b).
    ``(b) Amount.--The amount to be paid to an eligible disabled 
uniformed services retiree in accordance with subsection (a) is the 
following:
            ``(1) For any month for which the retiree has a qualifying 
        service-connected disability rated as total, $300.
            ``(2) For any month for which the retiree has a qualifying 
        service-connected disability rated as 90 percent, $200.
            ``(3) For any month for which the retiree has a qualifying 
        service-connected disability rated as 80 percent or 70 percent, 
        $100.
    ``(c) Eligible Members.--An eligible disabled uniformed services 
retiree referred to in subsection (a) is a member of the uniformed 
services in a retired status (other than a member who is retired under 
chapter 61 of this title) who--
            ``(1) completed at least 20 years of service in the 
        uniformed services that are creditable for purposes of 
        computing the amount of retired pay to which the member is 
        entitled; and
            ``(2) has a qualifying service-connected disability.
    ``(d) Qualifying Service-Connected Disability Defined.--In this 
section, the term `qualifying service-connected disability' means a 
service-connected disability that--
            ``(1) was incurred or aggravated in the performance of duty 
        as a member of a uniformed service, as determined by the 
        Secretary concerned; and
            ``(2) is rated as not less than 70 percent disabling--
                    ``(A) by the Secretary concerned as of the date on 
                which the member is retired from the uniformed 
                services; or
                    ``(B) by the Secretary of Veterans Affairs within 
                four years following the date on which the member is 
                retired from the uniformed services.
    ``(e) Status of Payments.--Payments under this section are not 
retired pay.
    ``(f) Source of Funds.--Payments under this section for any fiscal 
year shall be paid out of funds appropriated for pay and allowances 
payable by the Secretary concerned for that fiscal year.
    ``(g) Other Definitions.--In this section:
            ``(1) The term `service-connected' has the meaning give 
        that term in section 101 of title 38.
            ``(2) The term `disability rated as total' means--
                    ``(A) a disability that is rated as total under the 
                standard schedule of rating disabilities in use by the 
                Department of Veterans Affairs; or
                    ``(B) a disability for which the scheduled rating 
                is less than total but for which a rating of total is 
                assigned by reason of inability of the disabled person 
                concerned to secure or follow a substantially gainful 
                occupation as a result of service-connected 
                disabilities.
            ``(3) The term `retired pay' includes retainer pay, 
        emergency officers' retirement pay, and naval pension.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1413. Special compensation for certain severely disabled uniformed 
                            services retirees.''.
    (b) Effective Date.--Section 1413 of title 10, United States Code, 
as added by subsection (a), shall take effect on October 1, 1999, and 
shall apply to months that begin on or after that date. No benefit may 
be paid to any person by reason of that section for any period before 
that date.
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