[Congressional Record Volume 159, Number 19 (Thursday, February 7, 2013)]
[Senate]
[Pages S521-S522]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. REID:
S. 234. 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
disabled veterans to once again discuss an end to an unjust and
outdated policy known as ``concurrent receipt.'' For the past 122
years, this practice has prevented veterans from receiving the full
benefits earned through years of service and personal injury in defense
of our Nation. The law requires that a retired disabled veteran reduce
their retirement pay dollar-for-dollar by the amount of any disability
compensation received, in many cases wiping out retirement pay
altogether. This is simply wrong.
I have worked over the past decade to fight to change this outdated
policy and commend the progress Congress has made on behalf of our
Nation's veterans. In 2002, I was pleased that Congress passed a
measure known as combat-related special compensation, or CSRC, allowing
for disabled retired veterans to receive payments that are the
financial equivalent of concurrent receipt. In 2003 I was pleased that
Congress enacted a 10-year phase-in of concurrent receipt for military
retirees whose disability is 50 percent or greater, and in 2004,
Congress eliminated the 10-year waiting period for those veterans with
100 percent service-related disability. Moreover, in 2008, concurrent
receipt eligibility was expanded to include those who are 100 percent
disabled due to un-employability and extended equivalent financial
payments to those who are medically retired or have retired prematurely
due to force reduction programs. Most recently, in 2012, I was pleased
to offer an amendment to the fiscal year 2013 National Defense
Authorization Act ensuring that our combat-disabled military retirees
receive proper combat-related disability and retirement benefits by
eliminating the ``glitch'' in the CRSC formula that can actually cause
a reduction in their compensation amount when the VA increases their
disability rating. While I am proud that the 10-year phase-in period
for veterans who are rated 50-90 percent will finally come to fruition
this year, I still believe that Congress has fallen short of meeting
the commitment of providing full concurrent receipt to all of our
Nation's heroes. This is unacceptable and that is why we have to take
care of the hundreds of thousands of disabled veterans who still need
our help.
For me, this is a simple matter of fairness. No other Federal retiree
is forced to forfeit their retirement--only our disabled military
retirees. Veterans' disability compensation is recompense for pain,
suffering, and lost future earning power caused by a service-connected
illness or injury. Few retirees can afford to live on their retired pay
alone, and a severe disability only makes the problem worse by limiting
or denying any post-service working life. There is no reason to deny
veterans who have served their country honorably the right to the full
value of their retirement pay simply because their service also led to
disability.
Today I reintroduce the Retired Pay Restoration Act of 2013 in order
to eliminate all restrictions to concurrent receipt. I hope my Senate
colleagues will join me in supporting this bill. We must take action
now and support the veterans who have given so much to our grateful
Nation. This is the right thing to do.
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. 234
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 2013''.
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,
[[Page S522]]
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, 2014, 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 than 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, 2014, and shall apply to
payments for months beginning on or after that date.
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