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106TH CONGRESS

1ST SESSION S. 1237

To amend title 10, United States Code, to permit retired members of the

Armed Forces who have a service-connected disability to receive military

retired pay concurrently with veterans’ disability compensation.

IN THE SENATE OF THE UNITED STATES

JUNE 17, 1999

Mr. HUTCHINSON introduced the following bill; which was read twice and

referred to the Committee on Armed Services

A BILL

To amend title 10, United States Code, to permit retired

members of the Armed Forces who have a service-connected disability to receive military retired pay concurrently with veterans’ disability compensation.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Military Retirement

5 Equity Act of 1999’’.
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1 SEC. 2. CONCURRENT PAYMENT OF RETIRED PAY AND

2 COMPENSATION.

3 (a) LIMITATION ON DUPLICATION OF BENEFITS.—

4 Chapter 71 of title 10, United States Code, is amended

5 by adding at the end the following new section:

6 ‘‘§ 1413. Concurrent payment of retired pay and vet7 erans’ disability compensation

8 ‘‘(a) Subject to subsection (b), a person entitled to

9 retired pay other than under chapter 61 of this title may

10 be paid that pay concurrently with the payment of vet11 erans’ disability compensation for a service-connected dis12 ability if the person’s entitlement to retired pay is based

13 solely on—

14 ‘‘(1) the person’s age;

15 ‘‘(2) service in the uniformed services of not

16 less than 20 years that are creditable for computa17 tion of such retired pay; or

18 ‘‘(3) both the person’s age and service of not

19 less than 20 years that are creditable for computa20 tion of such retired pay.

21 ‘‘(b) In the case of a person described in subsection

22 (a) who is receiving both retired pay and veterans’ dis23 ability compensation, the amount of retired pay paid such

24 person shall be reduced (but not below zero) based on the

25 rating of the person’s disability for veterans’ disability

26 compensation purposes as follows:
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1 ‘‘(1) If and while the disability is rated 10 per2 cent, by the amount equal to 90 percent of the

3 amount of the disability compensation paid such per4 son.

5 ‘‘(2) If and while the disability is rated 20 per6 cent, by the amount equal to 80 percent of the

7 amount of the disability compensation paid such per8 son.

9 ‘‘(3) If and while the disability is rated 30 per10 cent, by the amount equal to 70 percent of the

11 amount of the disability compensation paid such per12 son.

13 ‘‘(4) If and while the disability is rated 40 per14 cent, by the amount equal to 60 percent of the

15 amount of the disability compensation paid such per16 son.

17 ‘‘(5) If and while the disability is rated 50 per18 cent, by the amount equal to 50 percent of the

19 amount of the disability compensation paid such per20 son.

21 ‘‘(6) If and while the disability is rated 60 per22 cent, by the amount equal to 40 percent of the

23 amount of the disability compensation paid such per24 son.
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1 ‘‘(7) If and while the disability is rated 70 per2 cent, by the amount equal to 30 percent of the

3 amount of the disability compensation paid such per4 son.

5 ‘‘(8) If and while the disability is rated 80 per6 cent, by the amount equal to 20 percent of the

7 amount of the disability compensation paid such per8 son.

9 ‘‘(9) If and while the disability is rated 90 per10 cent, by the amount equal to 10 percent of the

11 amount of the disability compensation paid such per12 son.

13 The retired pay of a person entitled to disability com14 pensation may not be reduced under this subsection if and

15 while the disability of such person is rated as total.

16 ‘‘(c) In this section:

17 ‘‘(1) The term ‘retired pay’ includes retainer

18 pay and emergency officers’ retirement pay.

19 ‘‘(2) The term ‘veterans’ disability compensa20 tion’ has the meaning given the term ‘compensation’

21 in section 101(12) of title 38.’’.

22 (b) CLERICAL AMENDMENT.—The table of sections

23 at the beginning of such chapter is amended by adding

24 at the end the following new item:

‘‘1413. Concurrent payment of retired pay and veterans’ disability compensation.’’.
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1 SEC. 3. EFFECTIVE DATE AND PROHIBITION ON RETRO2 ACTIVE BENEFITS.

3 (a) IN GENERAL.—The amendments made by this

4 Act shall take effect on October 1, 1999.

5 (b) RETROACTIVE BENEFITS.—No benefits shall be

6 paid to any person by reason of this Act for any period

7 before the effective date specified in subsection (a).

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