[Congressional Record Volume 151, Number 47 (Tuesday, April 19, 2005)]
[Senate]
[Pages S3901-S3902]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 845. A bill to amend title 10, United States Code, to permit 
retired servicemembers who have a service-connected disability to 
receive disability compensation and either retired pay or Combat-
Related Special Compensation and to eliminate the phase-in period with 
respect to such concurrent receipt; read the first time.
  Mr. REID. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 845

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds the following:
       (1) For more than 100 years before 1999, all disabled 
     military retirees were required to fund their own veterans' 
     disability compensation by forfeiting $1 of earned retired 
     pay for each $1 received in veterans' disability 
     compensation.

[[Page S3902]]

       (2) Since 1999, Congress has enacted legislation every year 
     to progressively expand eligibility criteria for relief of 
     the retired pay disability offset and further reduce the 
     burden of financial sacrifice on disabled military retirees.
       (3) Absent adequate funding to eliminate the sacrifice for 
     all disabled retirees, Congress has given initial priority to 
     easing financial inequities for the most severely disabled 
     and for combat-disabled retirees.
       (4) In the interest of maximizing eligibility within cost 
     constraints, Congress effectively has authorized full 
     concurrent receipt for all qualifying retirees with 100 
     percent disability ratings and all with combat-related 
     disability ratings, while phasing out the disability offset 
     to retired pay over 10 years for retired members with 
     noncombat-related, service-connected disability ratings of 50 
     percent to 90 percent.
       (5) In pursuing these good-faith efforts, Congress 
     acknowledges the regrettable necessity of creating new 
     thresholds of eligibility that understandably are 
     disappointing to disabled retirees who fall short of meeting 
     those new thresholds.
       (6) Congress is not content with the status quo.

     SEC. 2. SENSE OF CONGRESS.

       It is the sense of Congress that military retired pay 
     earned by service and sacrifice in defending the Nation 
     should not be reduced because a military retiree is also 
     eligible for veterans' disability compensation awarded for 
     service-connected disability.

     SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND 
                   VETERANS' DISABILITY COMPENSATION FOR CERTAIN 
                   ADDITIONAL MILITARY RETIREES WITH COMPENSABLE 
                   SERVICE-CONNECTED DISABILITIES.

       (a) Extension of Concurrent Receipt Authority to Retirees 
     With Service-Connected Disabilities Rated Less Than 50 
     Percent.--Section 1414(a) of title 10, United States Code, is 
     amended to read as follows:
       ``(a) Payment of Both Retired Pay and Compensation.--
       ``(1) In general.--Subject to subsection (b), an individual 
     who is a qualified retiree for any month is entitled to be 
     paid both retired pay and veterans' disability compensation 
     for that month without regard to sections 5304 and 5305 of 
     title 38.
       ``(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 in the case of 
     a member retired under chapter 61 of this title with less 
     than 20 years of service creditable under section 1405 of 
     this title and less than 20 years of service computed under 
     section 12732 of this title; and
       ``(B) is entitled for that month to veterans' disability 
     compensation.''.
       (b) Repeal of Phase-In of Concurrent Receipt of Retired Pay 
     and Veterans' Disability Compensation.--Section 1414 of title 
     10, United States Code, is further amended--
       (1) by striking subsection (c);
       (2) by redesignating subsections (d) and (e) as subsections 
     (c) and (d), respectively; and
       (3) in subsection (d), as redesignated, by striking 
     subparagraph (4).
       (c) Clerical Amendments.--
       (1) The heading for section 1414 of title 10, United States 
     Code, is amended to read as follows:

     ``Sec. 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.''.

     SEC. 4. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-
                   RELATED SPECIAL COMPENSATION AND CONCURRENT 
                   RECEIPT.

       (a) Eligibility for Tera Retirees.--Section of section 
     1413a(c) of title 10, United States Code, is amended by 
     striking ``entitled to retired pay who--'' and all that 
     follows and inserting ``who--
       ``(1) is entitled to retired pay, other than a member 
     retired under chapter 61 of this title with less than 20 
     years of service creditable under section 1405 of this title 
     and less than 20 years of service computed under section 
     12732 of this title; and
       ``(2) has a combat-related disability''.
       (b) Amendments to Standardize Similar Provisions.--
       (1) Clerical amendment.--The heading for paragraph (3) of 
     section 1413a(b) of title 10, United States Code, is amended 
     by striking ``rules'' and inserting ``rule''.
       (2) Standardization with crsc rule for chapter 61 
     retirees.--Section 1414(b) of such title is amended--
       (A) by striking ``Special Rules'' and all that follows 
     through ``is subject to'' in paragraph (1) and inserting 
     ``Special Rule for Chapter 61 Disability Retirees.--In the 
     case of a qualified retiree who is retired under chapter 61 
     of this title, the retired pay of the member is subject to''; 
     and
       (B) by striking paragraph (2).

     SEC. 5. EFFECTIVE DATE.

       The amendments made by this Act shall take effect as of 
     January 1, 2006, and shall apply to payments for months 
     beginning on or after that date.
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