II 112th CONGRESS 1st Session S. 344 IN THE SENATE OF THE UNITED STATES February 14, 2011 Mr. Reid (for himself, Ms. Stabenow, and Mr. Tester) introduced the following bill; which was read twice and referred to the Committee on Armed Services 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, and for other purposes.

1.

Short title

This Act may be cited as the Retired Pay Restoration Act of 2011.

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

(1)

Repeal of 50 percent requirement

Section 1414 of title 10, United States Code, is amended by striking paragraph (2) of subsection (a). (2)

Computation

Paragraph (1) of subsection (c) of such section is amended 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. . (b)

Clerical amendments

(1)The heading of section 1414 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

. (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. . (c)

Effective date

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

Amendments To standardize similar provisions

(1)

Qualified retirees

Subsection (a) of section 1414 of title 10, United States Code, as amended by section 2(a), is amended— (A)by striking a member or and all that follows through retiree’) and inserting a qualified retiree; and (B)by adding at the end the following new paragraph: (2)

Qualified retirees

For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who— (A)is entitled to retired pay (other by reason of section 12731b of this title); and (B)is also entitled for that month to veterans’ disability compensation. . (2)

Disability retirees

Paragraph (2) of subsection (b) of section 1414 of such title is amended to read as follows: (2)

Special rule for retirees with fewer than 20 years of service

The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction by the lesser of— (A)the amount of the reduction under sections 5304 and 5305 of title 38; or (B)the amount (if any) by which the amount of the member’s retired pay under such chapter 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. . (b)

Effective date

The amendments made by this section shall take effect on January 1, 2012, and shall apply to payments for months beginning on or after that date.

4.

Clarification of computation of combat-related special compensation for chapter 61 disability retirees

(a)

In general

Section 1413a(b)(3) of title 10, United States Code, is amended by striking shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds both places it appears and inserting may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38, cause the total of such combined payment to exceed. (b)

Effective date

The amendments made by this section shall take effect on January 1, 2012, and shall apply to payments for months beginning on or after that date.