[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outdated policy known as ``concurrent receipt.''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  I have worked over the past decade to fight to change this outdated 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.
                                 ______