I 112th CONGRESS 1st Session H. R. 186 IN THE HOUSE OF REPRESENTATIVES January 5, 2011 Mr. Wilson of South Carolina introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on the Budget and 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 expand the eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all members of the uniformed services who are retired under chapter 61 of such title for disability, regardless of the members’ disability rating percentage.

1.

Expansion of eligibility for concurrent receipt of military retired pay and veterans’ disability compensation to include all chapter 61 disability retirees regardless of disability rating percentage

(a)

Phased expansion concurrent receipt

Subsection (a) of section 1414 of title 10, United States Code, is amended to read as follows: (a)

Payment of both retired pay and disability compensation

(1)

Payment of both required

(A)

In general

Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (in this section referred to as a qualified retiree) is entitled to be paid both the retired pay and the veterans’ disability compensation for that month without regard to sections 5304 and 5305 of title 38. (B)

Applicability of full concurrent receipt phase-in requirement

During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to a qualified retiree is subject to subsection (c). (C)

Phase-in exception for 100 percent disabled retirees

The payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following qualified retirees: (i)A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent. (ii)A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability. (D)

Phase-in exception for certain chapter 61 disability retirees

Subject to subsection (b), on and after January 1, 2012, subsection (c) shall not apply to a qualified retiree who has a qualifying service-connected disability described in subparagraph (B) or (C) of paragraph (2). (2)

Qualifying service-connected disability defined

In this section, the term qualifying service-connected disability, with respect to a qualified retiree, means the following: (A)In the case of a qualified retiree receiving retired pay under any provision of law other than chapter 61 of this title, or under chapter 61 with 20 years or more of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated as disabling by the Secretary of Veterans Affairs. (B)In the case of a qualified retiree receiving retired pay under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 or computed under section 12732 of this title, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and is effective on or after the date specified in the applicable clause): (i)January 1, 2012, rated 100 percent, or a rate payable at 100 percent by reason of individual unemployability or rated 90 percent. (ii)January 1, 2013, rated 80 percent or 70 percent. (iii)January 1, 2014, rated 60 percent or 50 percent. (C)In the case of a qualified retiree receiving retired pay under chapter 61 regardless of years of service, a service-connected disability or combination of service-connected disabilities that is rated by the Secretary of Veterans Affairs at the disabling level specified in one of the following clauses (and is effective on or after the date specified in the applicable clause): (i)January 1, 2015, rated 40 percent or 30 percent. (ii)January 1, 2016, any rating. . (b)

Conforming amendment to special rules for chapter 61 disability retirees

Subsection (b) of such section is amended to read as follows: (b)

Special rules for chapter 61 disability retirees

(1)

Career retirees

The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title, or at least 20 years of service computed under section 12732 of this title, at the time of the member’s retirement, is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title. (2)

Special rule for retirees with fewer than 20 years of service

The retired pay of a member retired under chapter 61 of this title with fewer than 20 years of creditable service otherwise creditable under section 1405 or computed under section 12732 of this title, at the time of the member’s retirement, is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member’s retired pay under chapter 61 of this title exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member. . (c)

Full concurrent receipt phase-In

Subsection (c) of such section is amended— (1)by striking the second sentence of in the matter preceding paragraph (1); 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)

Section heading

The heading of such section is amended to read as follows:

1414.

Concurrent receipt of retired pay and veterans’ disability compensation

. (2)

Table of sections

The table of sections at the beginning of chapter 71 of such title is amended by striking the item related to section 1414 and inserting the following new item: 1414. Concurrent receipt of retired pay and veterans’ disability compensation. . (e)

Effective date

The amendments made by this section shall take effect on January 1, 2012. (f)

Funding Offset

The Chairman of the Committee on the Budget of the House of Representatives shall provide the necessary adjustments in allocations, aggregates, and other appropriate levels in the concurrent resolution on the budget for fiscal year 2012 to implement this section and the amendments made by this section.