[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5947 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5947

To correct an inequity in eligibility for military retired pay based on 
   nonregular service in the case of certain members of the reserve 
components completing their reserve service before 1966, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

    Mr. Scott of Virginia (for himself, Mr. Grijalva, Mr. Bishop of 
Georgia, Mrs. Maloney, Mr. McGovern, Mr. Lynch, Mr. Payne, Mr. Conyers, 
  Ms. Lee, and Mr. Cleaver) introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To correct an inequity in eligibility for military retired pay based on 
   nonregular service in the case of certain members of the reserve 
components completing their reserve service before 1966, and for other 
                               purposes.

    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 ``Forgotten Veteran's Retirement 
Compensation Act''.

SEC. 2. RETIRED PAY ELIGIBILITY TO CORRECT ADMINISTRATIVE ERRORS.

    (a) Eligibility.--The provisions of section 12738 of title 10, 
United States Code, shall apply to the determination of eligibility for 
nonregular-service retired pay of a person in a case in which the 
Secretary concerned, before October 14, 1966, notified the person that 
such person had completed the years of service required for eligibility 
for such retired pay in the same manner as those provisions apply to a 
such a notification made after that date.
    (b) Back Payments.--In any case in which the Secretary concerned 
determines, pursuant to subsection (a), that a person not otherwise 
entitled to nonregular-service retired pay is (or, in the case of a 
deceased person, would have been) entitled to such retired pay due to 
the application to that person of the provisions of section 12738(a) of 
title 10, United States Code, the Secretary shall determine as a lump 
sum the amount of retired pay that would have been paid to that person 
for the period before the date of the enactment of this Act and shall 
promptly pay such lump sum to such person or, if the person is 
deceased, to such person's eligible survivors, as determined in 
accordance with section 1477 of such title.
    (c) Surviving Spouses and Dependent Children.--In the case of a 
person described in subsection (b) who on the date of the enactment of 
this Act is deceased and who has a surviving spouse or a surviving 
dependent child, such deceased person shall be considered for all 
purposes relating to programs and activities of the Department of 
Defense, including the Survivor Benefit Plan under subchapter II of 
chapter 73 of title 10, United States Code, to have been entitled to 
nonregular-service retired pay at the time of death. For purposes of 
computation of an annuity under such subchapter, the base amount 
applicable to such annuity shall be considered to be the amount of 
retired pay to which the deceased person would have been entitled on 
the date of death if the provisions of subsection (a) had been in 
effect before such person's death.
    (d) Definitions.--In this section:
            (1) Secretary concerned.--The term ``Secretary concerned'' 
        has the meaning given that term in section 101 of title 10, 
        United States Code.
            (2) Nonregular-service retired pay.--The term ``nonregular-
        service retired pay'' means retired pay under chapter 1223 of 
        title 10, United States Code (or any predecessor provision of 
        law).
            (3) Dependent child.--The term ``dependent child'' has the 
        meaning given that term in section 1447(11) of title 10, United 
        States Code.
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