I 

108TH CONGRESS 

1ST SESSION H. R. 303

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

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

military retired pay by reason of their years of military service and 

disability compensation from the Department of Veterans Affairs for 

their disability. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2003

Mr. BILIRAKIS (for himself, Mr. EVANS, Mr. WHITFIELD, Mr. FILNER, Mr. 

ROSS, Mr. HASTINGS of Washington, Mr. PAYNE, Mr. BARTLETT of 

Maryland, Mr. JONES of North Carolina, Mr. MILLER of Florida, Mr. 

RODRIGUEZ, Mr. NADLER, Mr. EDWARDS, Mr. BOOZMAN, Mr. KENNEDY

of Minnesota, Mr. BONILLA, Mr. SHAW, Mrs. WILSON of New Mexico, 

Mr. LEVIN, Mr. GOODLATTE, Mr. LINCOLN DIAZ-BALART of Florida, and 

Mr. OSBORNE) introduced the following bill; which was referred to the 

Committee on Armed Services, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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 both military retired pay by 

reason of their years of military service and disability 

compensation from the Department of Veterans Affairs 

for their disability.
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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 ‘‘Retired Pay Restora5 tion Act of 2003’’. 

6 SEC. 2. FULL PAYMENT OF BOTH RETIRED PAY AND COM7 PENSATION TO DISABLED MILITARY RETIR8 EES. 

9 (a) RESTORATION OF FULL RETIRED PAY BENE10 FITS.—Section 1414 of title 10, United States Code, is 

11 amended to read as follows: 

12 ‘‘§ 1414. Members eligible for retired pay who have 

13 service-connected disabilities: payment of 

14 retired pay and veterans’ disability com15 pensation 

16 ‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM17 PENSATION.—Except as provided in subsection (b), a 

18 member or former member of the uniformed services who 

19 is entitled to retired pay (other than as specified in sub20 section (c)) and who is also entitled to veterans’ disability 

21 compensation is entitled to be paid both without regard 

22 to sections 5304 and 5305 of title 38. 

23 ‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RE24 TIREES.—The retired pay of a member retired under 

25 chapter 61 of this title with 20 years or more of service 
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1 otherwise creditable under section 1405 of this title at the 

2 time of the member’s retirement is subject to reduction 

3 under sections 5304 and 5305 of title 38, but only to the 

4 extent that the amount of the member’s retired pay under 

5 chapter 61 of this title exceeds the amount of retired pay 

6 to which the member would have been entitled under any 

7 other provision of law based upon the member’s service 

8 in the uniformed services if the member had not been re9 tired under chapter 61 of this title. 

10 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to 

11 a member retired under chapter 61 of this title with less 

12 than 20 years of service otherwise creditable under section 

13 1405 of this title at the time of the member’s retirement. 

14 ‘‘(d) DEFINITIONS.—In this section: 

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

16 pay, emergency officers retirement pay, and naval 

17 pension. 

18 ‘‘(2) The term ‘veterans’ disability compensa19 tion’ has the meaning given the term ‘compensation’ 

20 in section 101(13) of title 38.’’. 

21 (b) REPEAL OF SPECIAL COMPENSATION PRO22 GRAMS.—Sections 1413 and 1413a of such title are re23 pealed. 

24 (c) CLERICAL AMENDMENT.—The table of sections 

25 at the beginning of such chapter is amended by striking 
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1 the items relating to sections 1413, 1413a, and 1414 and 

2 inserting the following:

‘‘1414. Members eligible for retired pay who have service-connected disabilities: 

payment of retired pay and veterans’ disability compensation.’’.

3 SEC. 3. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE 

4 BENEFITS. 

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

6 Act shall take effect on—

7 (1) the first day of the first month that begins 

8 after the date of the enactment of this Act; or 

9 (2) the first day of the fiscal year that begins 

10 in the calendar year in which this Act is enacted, if 

11 later than the date specified in paragraph (1). 

12 (b) RETROACTIVE BENEFITS.—No benefits may be 

13 paid to any person by reason of section 1414 of title 10, 

14 United States Code, as amended by section 2(a), for any 

15 period before the effective date specified in subsection (a).

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