I 111th CONGRESS 1st Session H. R. 811 IN THE HOUSE OF REPRESENTATIVES February 3, 2009 Mr. Bilirakis 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.

1.

Short title

This Act may be cited as the Retired Pay Restoration Act.

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)

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. . (c)

Clerical amendments

(1)

Section heading

The heading for such section 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)

Table of sections

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 January 1, 2010, 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 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, 2010, and shall apply to payments for months beginning on or after that date.