[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1436 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1436

   To amend title 10, United States Code, to permit certain retired 
    members of the uniformed services who have a service-connected 
disability to receive both disability compensation from the Department 
  of Veterans Affairs for their disability and either retired pay by 
  reason of their years of military service or Combat-Related Special 
                             Compensation.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 9, 2007

    Mr. Bilirakis (for himself and Mr. Fortenberry) 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 permit certain retired 
    members of the uniformed services who have a service-connected 
disability to receive both disability compensation from the Department 
  of Veterans Affairs for their disability and either retired pay by 
  reason of their years of military service or Combat-Related Special 
                             Compensation.

    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 ``Retired Pay Restoration Act''.

SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' 
              DISABILITY COMPENSATION FOR CERTAIN MILITARY RETIREES 
              WITH COMPENSABLE SERVICE-CONNECTED DISABILITIES.

    (a) Extension of Concurrent Receipt Authority to Retirees With 
Service-Connected Disabilities Rated Less Than 50 Percent.--Subsection 
(a) of section 1414 of title 10, United States Code, is amended--
            (1) by striking ``Compensation'' in the subsection heading 
        and all that follows through ``Subject'' and inserting 
        ``Compensation.--Subject''; and
            (2) by striking paragraph (2).
    (b) Repeal of Phase-in of Concurrent Receipt for Retirees With 
Service-Connected Disabilities Rated as Total.--Such subsection is 
further amended by striking ``except that'' and all that follows and 
inserting ``except--
            ``(1) in the case of a qualified retiree receiving 
        veterans' disability compensation for a disability rated as 100 
        percent, payment of retired pay to such veteran is subject to 
        subsection (c) only during the period beginning on January 1, 
        2004, and ending on December 31, 2004; and
            ``(2) in the case of a qualified retiree receiving 
        veterans' disability compensation for a disability rated as 
        total by reason of unemployability, payment of retired pay to 
        such veteran is subject to subsection (c) only during the 
        period beginning on January 1, 2004, and ending on December 31, 
        2007.''.
    (c) Phase-in of Concurrent Receipt for Retirees With Service-
Connected Disabilities Rated as 40 Percent or Less.--Subsection (c) of 
such section is amended--
            (1) in the matter before paragraph (1), by striking 
        ``subsection (a)(1)'' and inserting ``subsection (a)''; and
            (2) in paragraph (1), by adding at the end the following 
        new subparagraph:
                    ``(G) For a month for which the retiree receives 
                veterans' disability compensation for a disability 
                rated as 40 percent or less or has a service-connected 
                disability rated as zero percent, $0.''.
    (d) Clerical Amendments.--
            (1) The heading for such section is amended to read as 
        follows:
``Sec. 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.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2008, and shall apply to payments for months 
beginning on or after that date.

SEC. 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 through the end of paragraph 
(1) 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''.
    (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.--Section 1414 of such title, as amended by 
        section 2, is amended--
                    (A) in subsection (a)--
                            (i) by striking ``a member or'' and all 
                        that follows through ``retiree')'' and 
                        inserting ``an individual who is a qualified 
                        retiree for any month''; and
                            (ii) by inserting ``retired pay and 
                        veterans' disability compensation'' after 
                        ``both''; and
                    (B) in subsection (e), by adding at the end the 
                following new paragraph:
            ``(5) Qualified retiree.--The term `qualified retiree' 
        means a member or former member of the uniformed services who, 
        with respect to any month--
                    ``(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 entitled to veterans' disability 
                compensation.''.
            (3) Disability 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'' 
                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 January 1, 2008, and shall apply to payments for months 
beginning on or after that date.
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