[Congressional Record Volume 147, Number 21 (Wednesday, February 14, 2001)]
[Extensions of Remarks]
[Page E181]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               VETERANS' COMPENSATION EQUITY ACT OF 2001

                                 ______
                                 

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                      Wednesday, February 14, 2001

  Mr. EVANS. Mr. Speaker, today, I am introducing H.R. 609, the 
``Veterans' Compensation Equity Act of 2001''. This legislation will 
provide more equitable treatment to approximately 150,000 older 
veterans who receive service-connected disability compensation from the 
Department of Veterans Affairs 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 VA 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 simply 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 military retirees who have spent at least 20 years of their 
lives serving our country as members of the Armed Forces. These two 
programs--military retirement pay and service-connected disability 
compensation--are completely different programs with entirely different 
purposes. Payments made by these programs are not and should not be 
considered duplicative.
  The current treatment of military retirees who have service-connected 
disabilities is simply inequitable. A veteran receiving service-
connected disability compensation could become eligible for civil 
service retirement 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 ``Veterans' Compensation Equity Act of 2001'' will reduce and 
then eliminate the offset in military retirement benefits for veterans 
who are entitled to both military retirement pay and service-connected 
compensation benefits. Under this bill the offset will be completely 
eliminated when the retiree reaches age 65.
  In many cases, retired military personnel are fortunate enough to 
have retired from military service unscathed. These military retirees 
are not eligible to receive VA compensation due to illnesses or 
injuries incurred or aggravated during their military careers. In 
addition to receiving military retirement pay they are able to earn 
additional income through non-military employment and thereby accrue 
Social Security or other retirement income benefits.
  Military retirees who were not so fortunate, are required to forfeit 
a portion or all of their military retirement pay in order to receive 
service-connected compensation benefits due to illnesses or injuries 
which were incurred or aggravated during their military careers. Before 
we consider tax relief for our Nation's wealthiest citizens, we should 
allow military retirees to receive the full amount of the retirement 
benefits they have earned through many years of devoted military 
service and compensation for illnesses or injuries which 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 civilian employment. They may completely 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 and 
similar public disability 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 eliminated at retirement age (currently 65).
  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 eliminating the offset at age 65.
  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 
longstanding efforts to address the problems our military retirees 
experience due to the statutory prohibition on concurrent receipt of 
military retirement pay and benefits from the Department of Veterans 
Affairs. I urge my colleagues to support this bipartisan effort to 
promote fairness for our Nation's older military retirees.

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