110 HR 737 IH: Forgotten Veteran’s Retirement U.S. House of Representatives 2007-01-30 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 110th CONGRESS 1st Session H. R. 737 IN THE HOUSE OF REPRESENTATIVES January 30, 2007 Mr. Scott of Virginia (for himself, Mr. Bishop of Georgia, Mr. Carney, Mr. Cleaver, Mr. Grijalva, Mr. Lynch, Mrs. Maloney of New York, and Mr. Payne) 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.

1.

Short title

This Act may be cited as the Forgotten Veteran’s Retirement Compensation Act.

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(a)(9) 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.