109 HR 5881 IH: Disabled Veterans Tax Termination U.S. House of Representatives 2006-07-25 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 2d Session H. R. 5881 IN THE HOUSE OF REPRESENTATIVES July 25, 2006 Mr. Marshall 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 eliminate the offset between military retired pay and veterans service-connected disability compensation for certain retired members of the Armed Forces who have a service-connected disability, and for other purposes.

1.

Short title

This Act may be cited as the Disabled Veterans Tax Termination Act.

2.

Eligibility for payment of both retired pay and veterans’ disability compensation for certain additional military retirees with compensable Service-Connected disabilities

(a)

Extension of concurrent receipt authority to retirees with service-connected disabilities rated less than 50 percent

Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (b)

Repeal of phase-in of concurrent receipt of retired pay and veterans’ disability compensation

Such section is further amended— (1)in subsection (a), by striking the final sentence of paragraph (1); (2)by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and (3)in subsection (d) (as so redesignated), by striking subparagraph (4). (c)

Clerical amendments

(1)The heading for section 1414 of such title is amended to read as follows:

1414.

Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation

. (2)The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation. . (d)

Effective date

The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.

3.

Coordination of service eligibility for combat-related special compensation and concurrent receipt

(a)

Eligibility for TERA retirees

Subsection (c) of section 1413a of title 10, United States Code, is amended by striking “entitled to retired pay who—” and all that follows and inserting who—(1)is entitled to retired pay, other than a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and (2)has a combat-related disability. . (b)

Amendments to standardize similar provisions

(1)

Clerical amendment

The heading for paragraph (3) of section 1413a(b) of such title is amended by striking rules and inserting rule. (2)

Specification of qualified retirees for concurrent receipt purposes

Subsection (a) of section 1414 of such title, as amended by section 2(a), is amended— (A)by striking a member or and all that follows through retiree’) and inserting an individual who is a qualified retiree for any month; (B)by inserting retired pay and veterans’ disability compensation after both; and (C)by adding at the end the following new paragraph: (2)

Qualified retirees

For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who— (A)is entitled to retired pay, other than in the case of a member retired under chapter 61 of this title with less than 20 years of service creditable under section 1405 of this title and less than 20 years of service computed under section 12732 of this title; and (B)is also entitled for that month to veterans’ disability compensation. . (3)

Standardization with crsc rule for Chapter 61 retirees

Subsection (b) of section 1414 of such title is amended— (A)by striking Special Rules in the subsection heading and all that follows through is subject to in paragraph (1) and inserting Special Rule for Chapter 61 Disability Retirees.—In the case of a qualified retiree who is retired under chapter 61 of this title, the retired pay of the member is subject to; and (B)by striking paragraph (2). (c)

Effective date

The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.