109 HR 1220 IH: Veterans’ Compensation Cost-of-Living Adjustment Act of 2005 U.S. House of Representatives 2005-03-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 1st Session H. R. 1220 IN THE HOUSE OF REPRESENTATIVES March 10, 2005 Mr. Buyer (for himself, Mr. Evans, Mr. Miller of Florida, and Ms. Berkley) introduced the following bill; which was referred to the Committee on Veterans’ Affairs A BILL To increase, effective as of December 1, 2005, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes.

1.

Short title

This Act may be cited as Veterans’ Compensation Cost-of-Living Adjustment Act of 2005.

2.

Increase in rates of disability compensation and dependency and indemnity compensation

(a)

Rate adjustment

The Secretary of Veterans Affairs shall, effective on December 1, 2005, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b)

Amounts to be increased

The dollar amounts to be increased pursuant to subsection (a) are the following: (1)

Compensation

Each of the dollar amounts in effect under section 1114 of title 38, United States Code. (2)

Additional compensation for dependents

Each of the dollar amounts in effect under section 1115(1) of such title. (3)

Clothing allowance

The dollar amount in effect under section 1162 of such title. (4)

New dic rates

The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5)

Old dic rates

Each of the dollar amounts in effect under section 1311(a)(3) of such title. (6)

Additional dic for surviving spouses with minor children

The dollar amount in effect under section 1311(b) of such title. (7)

Additional dic for disability

The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8)

Dic for dependent children

The dollar amounts in effect under sections 1313(a) and 1314 of such title. (c)

Determination of increase

(1)

Base for increase

The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 2005. (2)

Percentage of increase

Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 2005, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3)

Rounding

Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d)

Special rule

The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85–857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code.

3.

Publication of adjusted rates

At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 2005, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 2, as increased pursuant to that section.

4.

Codification of fiscal year 2005 cost-of-living adjustment provided in Public Law 108–363

(a)

Veterans’ disability compensation

Section 1114 of title 38, United States Code, is amended— (1) in subsection (a), by striking $106 and inserting $108; (2)in subsection (b), by striking $205 and inserting $210; (3)in subsection (c), by striking $316 and inserting $324; (4)in subsection (d), by striking $454 and inserting $466; (5)in subsection (e), by striking $646 and inserting $663; (6)in subsection (f), by striking $817 and inserting $839; (7) in subsection (g), by striking $1,029 and inserting $1,056; (8) in subsection (h), by striking $1,195 and inserting $1,227; (9)in subsection (i), by striking $1,344 and inserting $1,380; (10)in subsection (j), by striking $2,239 and inserting $2,299; (11)in subsection (k)— (A)by striking $82 both places it appears and inserting $84; and (B)by striking $2,785 and $3,907 and inserting $2,860 and $4,012, respectively; (12)in subsection (l), by striking $2,785 and inserting $2,860; (13)in subsection (m), by striking $3,073 and inserting $3,155; (14)in subsection (n), by striking $3,496 and inserting $3,590; (15)in subsections (o) and (p), by striking $3,907 each place it appears and inserting $4,012; (16)in subsection (r), by striking $1,677 and $2,497 and inserting $1,722 and $2,564, respectively; and (17)in subsection (s), by striking $2,506 and inserting $2,573. (b)

Additional compensation for dependents

Section 1115(1) of such title is amended— (1)in subparagraph (A), by striking $127 and inserting $130; (2)in subparagraph (B), by striking $219 and $65 and inserting $224 and $66, respectively; (3)in subparagraph (C), by striking $86 and $65 and inserting $88 and $66, respectively; (4)in subparagraph (D), by striking $103 and inserting $105; (5) in subparagraph (E), by striking $241and inserting $247; and (6) in subparagraph (F), by striking $202 and inserting $207. (c)

Clothing allowance for certain disabled veterans

Section 1162 of such title is amended by striking $600 and inserting $616. (d)

Dependency and indemnity compensation for surviving spouses

(1)

New law dic

Section 1311(a) of such title is amended— (A)in paragraph (1), by striking $967 and inserting $993; and (B)in paragraph (2), by striking $208 and inserting $213. (2)

Old law dic

The table in paragraph (3) of such section is amended to read as follows: Pay gradeMonthly ratePay gradeMonthly rateE–1$993W–4$1,188E–2$993O–1$1,049E–3$993O–2$1,084E–4$993O–3$1,160E–5$993O–4$1,227E–6$993O–5$1,351E–7$1,027O–6$1,523E–8$1,084O–7$1,645E–9$1,1311O–8$1,805W–1$1,049O–9$1,931W–2$1,091O–10$2,1182W–3$1,1231 If the veteran served as sergeant major of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant major of the Marine Corps, or master chief petty officer of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $1,221.2 If the veteran served as Chairman or Vice-Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, at the applicable time designated by section 1302 of this title, the surviving spouse's rate shall be $2,272.. (3)

Additional dic for children or disability

Section 1311 of such title is amended— (A)in subsection (b), by striking $241 and inserting $247; (B)in subsection (c), by striking $241 and inserting $247; and (C)in subsection (d), by striking $115 and inserting $118. (e)

Dependency and indemnity compensation for children

(1)

Dic when no surviving spouse

Section 1313(a) of such title is amended— (A) in paragraph (1), by striking $410 and inserting $421; (B)in paragraph (2), by striking $590 and inserting $605; (C)in paragraph (3), by striking $767 and inserting $787; and (D)in paragraph (4), by striking $767 and $148 and inserting $787 and $151, respectively. (2)

Supplemental dic for certain children

Section 1314 of such title is amended— (A)in subsection (a), by striking $241 and inserting $247; (B)in subsection (b), by striking $410 and inserting $421; and (C)in subsection (c), by striking $205 and inserting $210.