[Congressional Record Volume 157, Number 23 (Monday, February 14, 2011)]
[Senate]
[Pages S695-S696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Ms. Stabenow, and Mr. Tester):
  S. 344. 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; to the Committee on Armed 
Services.
  Mr. REID. Mr. President, I rise today on behalf of our nation's 
veterans to once again discuss the unjust and outdated policy of 
failing to give our veterans their full earned military retirement 
benefits and veterans disability compensation. Full payment of 
retirement and disability benefits, known as ``concurrent receipt,'' is 
an issue that I have ardently supported for more than 10 years now.
  In the past, veterans were prevented from receiving the full pay and 
benefits they had earned. The law required that military retired pay be 
reduced dollar-for-dollar by the amount of any VA disability 
compensation received. Many Senators have joined me in fighting this 
policy and we have made some progress on behalf of our nation's 
veterans.
  In 2003, Congress passed legislation which allowed disabled retired 
veterans with at least a 50 percent disability rating to become 
eligible for full concurrent receipt benefits by 2013. Then in 2004, 
the 10-year phase-in period was eliminated for veterans with 100 
percent service-related disability. These are significant victories 
that put hundreds of thousands of veterans on track to receiving both 
their retirement and disability benefits, but many more are

[[Page S696]]

still affected by the unjust denial of concurrent receipt.
  For me, this is a simple matter of fairness. There is no reason to 
deny a veteran who has served his country honorably the right to the 
full value of their retirement pay simply because his service also 
caused him to become disabled. Unfortunately, that is exactly what the 
current law does. This legislation will put an end to it.
  It is not a partisan issue. Our nation has been at war for almost a 
decade, and our soldiers have performed with unmatched honor and 
courage in difficult theatres of war. Our utmost duty as lawmakers 
should be to ensure that the brave men and women in the United States 
Armed Forces receive the benefits they have earned.
  Today I reintroduce this legislation which will eliminate all 
restrictions to concurrent receipt. We must take action now, and 
support our veterans who have given so much to this grateful nation. 
This is the right thing to do.
  I hope my Senate colleagues will join me in supporting this bill. 
These veterans have faced arbitrary discrimination long enough.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 344

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

     SECTION 1. SHORT TITLE.

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

     SEC. 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:

     ``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.''.

       (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.

     SEC. 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 2\1/2\ 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.

     SEC. 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.

                          ____________________