118 S1515 IS: Retired Pay Restoration Act U.S. Senate 2023-05-10 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.

II118th CONGRESS1st SessionS. 1515IN THE SENATE OF THE UNITED STATESMay 10, 2023Mr. Tester (for himself, Ms. Murkowski, Mr. Blumenthal, Ms. Cortez Masto, Mr. Cramer, Ms. Hirono, Mr. Merkley, Mrs. Murray, Ms. Rosen, Mr. Sanders, Mr. Schumer, Mrs. Shaheen, Ms. Sinema, Mr. Van Hollen, Ms. Warren, Mr. Whitehouse, Mr. Wyden, Mr. Menendez, Ms. Klobuchar, Ms. Baldwin, and Mr. Brown) introduced the following bill; which was read twice and referred to the Committee on Armed ServicesA BILLTo amend title 10, United States Code, to permit 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.

2.

Eligibility for payment of both retired pay and veterans’ disability compensation for military retirees with compensable service-connected disabilities

(a)

In general

Subsection (a) of 1414 of title 10, United States Code, is amended—(1)in paragraph (1), by striking Subject to subsection (b) and all that follows through paid both for that month and inserting A qualified retiree is entitled to be paid both retired pay and veterans’ disability compensation for a month; and(2)by amending paragraph (2) to read as follows:(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 than by reason of section 12731b of this title); and(B)is also entitled for that month to veterans’ disability compensation..(b)

Repeal of reduction in retired pay

Such section is further amended by striking subsection (b).(c)

Technical and conforming amendments

(1)

Amendments reflecting end of concurrent receipt phase-in period

Such section is further amended—(A)in subsection (a)(1), by striking During the period and all that follows through unemployability.;(B)by striking subsection (c); (C)by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and(D)in subsection (c), as so redesignated, by striking paragraphs (3) and (4).(2)

Section heading

The heading of 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

.(3)

Table of sections

The item relating to such section in the table of sections at the beginning of chapter 71 of title 10, United States Code, 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..(4)

Conforming amendment

Section 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (b).(d)

Effective date

The amendments made by this section shall take effect on January 1, 2024, and shall apply to payments for months beginning on or after that date.