[Congressional Record Volume 145, Number 68 (Wednesday, May 12, 1999)]
[Extensions of Remarks]
[Page E946]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


               VETERANS' COMPENSATION EQUITY ACT OF 1999

                                 ______
                                 

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                        Wednesday, May 12, 1999

  Mr. EVANS. Mr. Speaker, today, I am introducing H.R. 1764, the 
``Veteran's Compensation Equity Act of 1999''. This legislation will 
provide more equitable treatment to approximately 100,000 older 
veterans who receive service-connected disability compensation and who 
are also eligible to receive retirement pay based upon their military 
service.
  Under current law, the amount of military retirement pay received by 
a military retiree is reduced on a dollar-for-dollar basis by the 
amount of service-connected disability compensation the military 
retiree receives. This reduction in military retirement pay when the 
military retiree is in receipt of service-connected disability 
compensation is intended to prevent dual compensation. The notion of 
dual compensation is erroneous. Service-connected disability benefits 
are paid to compensate a veteran for an injury or illness incurred or 
aggravated during military service. Retirement benefits are paid to 
provide an income to military retirees who have spent at least 20 years 
of their lives working for and serving our country as members of the 
Armed Forces. These two programs are completely different and payments 
made by these programs should not be considered duplicative.
  This treatment of military retirees is simply inequitable. A veteran 
receiving service-connected disability compensation could become 
eligible for civil service retirement pay based on his or her 
subsequent work as a civilian employee of the federal government. This 
individual, unlike the military retiree, can receive the full amount of 
both of the retirement benefit which has been earned and the service-
connected disability compensation for which he or she may be eligible.
  The ``Veteran's Compensation Equity Act of 1999'' will reduce and 
then eliminate the reduction in military retirement benefits for 
veterans who are entitled to both military retirement pay and service-
connected compensation benefits. This bill will limit the reduction in 
military retirement pay to 50 percent when the military retiree attains 
age 65. The reduction in military retirement pay would be completely 
eliminated when the retiree reaches age 70.
  Retired military personnel who were fortunate enough to have emerged 
from military service unscathed receive military retirement pay, but do 
not qualify for service-connected disability benefits. In many cases, 
these retirees are able to earn additional income through non-military 
employment and thereby accrue Social Security or other retirement 
income benefits. These retirement benefits are not reduced by receipt 
of service-connected disability benefits.
  Military retirees who were not so fortunate, are required to forfeit 
all or a portion of their military retirement pay in order to receive 
service-connected compensation benefits due to illnesses or injuries 
that were incurred or aggravated during their military careers. These 
veterans, as a result of their service-connected medical conditions, 
face diminished employment possibilities and, therefore, a diminished 
ability to earn additional income through non-military employment. They 
therefore lose the opportunity to accrue Social Security or other 
retirement income benefits.
  In general, Social Security disability benefits received by retirees 
are offset by monies received under state Worker's Compensation laws. 
However, the Social Security statute provides that this offset ends 
when the worker attains 65 years of age. Furthermore, while recipients 
of Social Security benefits who earn income have their Social Security 
benefits reduced as a result of their earnings, this offset is reduced 
at age 65 and eliminated entirely at age 70.
  While all veterans who are subject to the concurrent receipt offset 
are unfairly penalized, my bill would begin to rectify the injustice 
which falls most heavily on our older veterans. This bill will promote 
fairness and equity between military retirees and Social Security 
retirees by reducing the amount of this offset by 50 percent at age 65 
and eliminating it entirely at age 70.
  Military retirees who have given so much to the service of our 
country and suffered disease or disabilities as a direct result of 
their military service do not deserve to be impoverished in their older 
years by the concurrent receipt penalty.
  I commend Mr. Bilirakis, an original co-sponsor of this bill, for his 
efforts to address the problems caused to our military retirees by the 
statutory prohibition on concurrent receipt of military retirement pay 
and benefits from the Department of Veterans Affairs. I urge my other 
colleagues to support this bipartisan effort to promote fairness for 
our Nation's older military retirees.

                          ____________________