[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 609 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 609

To amend title 10, United States Code, to provide limited authority for 
  concurrent receipt of military retired pay and veterans' disability 
compensation in the case of certain disabled military retirees who are 
                          over the age of 65.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2001

  Mr. Evans (for himself and Mr. Bilirakis) introduced the following 
  bill; which was referred to the Committee on Armed Services, and in 
  addition to the Committee on Veterans' Affairs, 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 10, United States Code, to provide limited authority for 
  concurrent receipt of military retired pay and veterans' disability 
compensation in the case of certain disabled military retirees who are 
                          over the age of 65.

    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 
2001''.

SEC. 2. CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS' 
              DISABILITY COMPENSATION BY MILITARY RETIREES OVER AGE 65.

    (a) In General.--(1) Chapter 71 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1414. Members eligible for retired pay who have service-
              connected disabilities: payment of retired pay and 
              veterans' disability compensation to retirees over age 65
    ``(a) Payment of Both Retired Pay and Compensation.--Except as 
provided in subsection (b), a member or former member of the uniformed 
services 65 years of age or older who is entitled to retired pay (other 
than as specified in subsection (c)) and who is also entitled to 
veterans' disability compensation is entitled to be paid both, without 
regard to sections 5304 and 5305 of title 38. In the case of a member 
or former member who is under age 65 as of the effective date of this 
section, the preceding sentence shall apply to that member or former 
member beginning with the month in which the member or former member 
becomes 65 years of age.
    ``(b) Special Rule for Chapter 61 Career Retirees.--The retired pay 
of a member retired under chapter 61 of this title with 20 years or 
more of service otherwise creditable under section 1405 of this title 
at the time of the member's retirement is subject to reduction under 
sections 5304 and 5305 of title 38, but only to the extent that the 
amount of the member's retired pay under chapter 61 of this title 
exceeds the amount of retired pay to which the member would have been 
entitled under any other provision of law based upon the member's 
service in the uniformed services if the member had not been retired 
under chapter 61 of this title.
    ``(c) Exception.--Subsection (a) does not apply to a member retired 
under chapter 61 of this title with less than 20 years of service 
otherwise creditable under section 1405 of this title at the time of 
the member's retirement.
    ``(d) Definitions.--In this section:
            ``(1) The term `retired pay' includes retainer pay, 
        emergency officers' retirement pay, and naval pension.
            ``(2) The term `veterans' disability compensation' has the 
        meaning given the term `compensation' in section 101(12) of 
        title 38.''.
    (2) The table of sections at the beginning of such chapter is 
amended by adding at the end the following new item:

``1414. Concurrent receipt of retired pay and veterans' disability 
                            compensation: retirees over age 65.''.
    (b) Conforming Amendment to Special Compensation Program.--Section 
1413(a) of title 10, United States Code, is amended--
            (1) by inserting ``who is under age 65'' after ``retiree''; 
        and
            (2) by adding at the end the following new sentence: ``In 
        the case of such a retiree who is under age 65 as of the 
        effective date of section 1414 of this title, eligibility of 
        the retiree for payments under this section shall terminate on 
        the last day of the month preceding the month in which the 
        retiree becomes 65 years of age.''.
    (c) Effective Date.--Section 1414 of title 10, United States Code, 
as added by subsection (a), and the amendment made by subsection (b), 
shall take effect on--
            (1) the first day of the first month that begins after the 
        date of the enactment of this Act; or
            (2) the first day of the fiscal year that begins in the 
        calendar year in which this Act is enacted, if later than the 
        date specified in paragraph (1).
    (d) Prohibition of Retroactive Benefits.--No benefit may be paid to 
any person by reason of section 1414 of title 10, United States Code, 
as added by subsection (a), for any period before the effective date 
specified in subsection (c).
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