II 

118TH CONGRESS 

1ST SESSION S. 344 

To amend title 10, United States Code, to provide for concurrent receipt 

of veterans’ disability compensation and retired pay for disability retirees 

with fewer than 20 years of service and a combat-related disability, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. TESTER (for himself, Mr. CRAPO, Ms. BALDWIN, Mrs. CAPITO, Mr. BENNET, Mr. CRAMER, Mr. BLUMENTHAL, Mr. CRUZ, Mr. BOOKER, Mr. 

BROWN, Mr. HOEVEN, Ms. CANTWELL, Mrs. HYDE-SMITH, Mr. CASEY, 

Mr. RISCH, Mrs. FEINSTEIN, Mr. RUBIO, Mrs. GILLIBRAND, Ms. HASSAN, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KING, Ms. KLOBUCHAR, Mr. LUJA ́N, Mr. MENENDEZ, Mr. MERKLEY, Mrs. MURRAY, 

Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Ms. ROSEN, Mr. SANDERS, Mr. 

SCHUMER, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. VANCE, Mr. 

WARNOCK, Ms. WARREN, Mr. WHITEHOUSE, Mr. WYDEN, Mr. DAINES, 

Mr. BOOZMAN, and Mr. MORAN) 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 provide for concurrent receipt of veterans’ disability compensation and 

retired pay for disability retirees with fewer than 20 

years of service and a combat-related disability, and for 

other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Major Richard Star 

3 Act’’. 

4 SEC. 2. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER 

5 THAN 20 YEARS OF SERVICE AND A COMBAT6 RELATED DISABILITY FOR CONCURRENT RE7 CEIPT OF VETERANS’ DISABILITY COMPENSA8 TION AND RETIRED PAY. 

9 (a) CONCURRENT RECEIPT IN CONNECTION WITH

10 CSRC.—Section 1413a(b)(3)(B) of title 10, United States 

11 Code, is amended by striking ‘‘creditable service,’’ and all 

12 that follows and inserting the following: ‘‘creditable serv13 ice— 

14 ‘‘(i) the retired pay of the retiree is 

15 not subject to reduction under sections 

16 5304 and 5305 of title 38; and 

17 ‘‘(ii) no monthly amount shall be paid 

18 the retiree under subsection (a).’’. 

19 (b) CONCURRENT RECEIPT GENERALLY.—Section 

20 1414(b)(2) of title 10, United States Code, is amended 

21 by striking ‘‘Subsection (a)’’ and all that follows and in22 serting the following: ‘‘Subsection (a)— 

23 ‘‘(A) applies to a member described in 

24 paragraph (1) of that subsection who is retired 

25 under chapter 61 of this title with less than 20 

26 years of service otherwise creditable under 


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1 chapter 1405 of this title, or with less than 20 

2 years of service computed under section 12732 

3 of this title, at the time of the member’s retire4 ment if the member has a combat-related dis5 ability (as that term is defined in section 

6 1413a(e) of this title), except that in the appli7 cation of subsection (a) to such a member, any 

8 reference in that subsection to a qualifying 

9 service-connected disability shall be deemed to 

10 be a reference to that combat-related disability; 

11 but 

12 ‘‘(B) does not apply to any member so re13 tired if the member does not have a combat-re14 lated disability.’’. 

15 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) AMENDMENTS REFLECTING END OF CON17 CURRENT RECEIPT PHASE-IN PERIOD.—Section 

18 1414 of title 10, United States Code, is further 

19 amended— 

20 (A) in subsection (a)(1)— 

21 (i) by striking the second sentence; 

22 and 

23 (ii) by striking subparagraphs (A) and 

24 (B); 


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1 (B) by striking subsection (c) and redesig2 nating subsections (d) and (e) as subsections 

3 (c) and (d), respectively; and 

4 (C) in subsection (d), as redesignated, by 

5 striking paragraphs (3) and (4). 

6 (2) SECTION HEADING.—The heading of such 

7 section 1414 is amended to read as follows: 

8 ‘‘§ 1414. Members eligible for retired pay who are also 

9 eligible for veterans’ disability compensa10 tion: concurrent receipt’’. 

11 (3) TABLE OF SECTIONS.—The table of sections 

12 at the beginning of chapter 71 of such title is 

13 amended by striking the item relating to section 

14 1414 and inserting the following new item: 

‘‘1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.’’. 

15 (4) CONFORMING AMENDMENT.—Section 

16 1413a(f) of such title is amended by striking ‘‘Sub17 section (d)’’ and inserting ‘‘Subsection (c)’’. 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the first day of the first 

20 month beginning after the date of the enactment of this 

21 Act and shall apply to payments for months beginning on 

22 or after that date. 

Æ 


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