[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3311-S3312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2395. Mr. HELLER (for himself and Mr. Tester) submitted an 
amendment intended to be proposed to amendment SA 2282 submitted by Mr. 
Inhofe (for himself and Mr. McCain) and intended to be proposed to the 
bill H.R. 5515, to authorize appropriations

[[Page S3312]]

for fiscal year 2019 for military activities of the Department of 
Defense, for military construction, and for defense activities of the 
Department of Energy, to prescribe military personnel strengths for 
such fiscal year, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of subtitle C of title VI, add the following:

     SEC. 622. STANDARDIZATION OF APPLICABILITY OF SPECIAL RULES 
                   FOR CHAPTER 61 DISABILITY RETIREES IN 
                   CONNECTION WITH CONCURRENT RECEIPT OF RETIRED 
                   PAY AND VETERANS' DISABILITY COMPENSATION.

       (a) In General.--Paragraph (2) of section 1414(b) of title 
     10, United States Code, is amended to read as follows:
       ``(2) Disability retirees with less than 20 years of 
     service.--
       ``(A) In general.--Subject to subparagraph (B), 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--
       ``(i) the amount of the reduction under sections 5304 and 
     5305 of title 38; or
       ``(ii) the amount (if any) by which the amount of the 
     member's retired pay under such chapter exceeds the amount 
     equal to the retired pay percentage (determined for the 
     member under section 1409(b) of this title) 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) Phased-in applicability.--Subparagraph (A) shall 
     apply to qualified retirees as follows:
       ``(i) In the case of qualified retirees with a disability 
     rated as 100 percent, or who are compensated at an equivalent 
     rate due to individual unemployability, for months beginning 
     on or after October 1, 2018.
       ``(ii) In the case of qualified retirees with a disability 
     rated at least 90 percent but less than 100 percent, for 
     months beginning on or after October 1, 2019.
       ``(iii) In the case of qualified retirees with a disability 
     rated at least 80 percent but less than 90 percent, for 
     months beginning on or after October 1, 2020.
       ``(iv) In the case of qualified retirees with a disability 
     rated at least 70 percent but less than 80 percent, for 
     months beginning on or after October 1, 2021.
       ``(v) In the case of qualified retirees with a disability 
     rated at least 60 percent but less than 70 percent, for 
     months beginning on or after October 1, 2022.
       ``(vi) In the case of qualified retirees with a disability 
     rated at least 50 percent but less than 60 percent, for 
     months beginning on or after October 1, 2023.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on October 1, 2018.
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