I 

112TH CONGRESS 

1ST SESSION H. R. 1979 

To amend title 10, United States Code, to expand eligibility for concurrent 

receipt of military retired pay and veterans’ disability compensation to 

include additional chapter 61 disability retirees, to coordinate eligibility 

for combat-related special compensation and concurrent receipt, to eliminate the reduction of SBP survivor annuities by dependency and indemnity compensation, and to enhance the ability of members of the reserve 

components who serve on active duty or perform active service to receive 

credit for such service in determining eligibility for early receipt of 

non-regular service retired pay. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 25, 2011 

Mr. ANDREWS 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 expand eligibility 

for concurrent receipt of military retired pay and veterans’ disability compensation to include additional chapter 61 disability retirees, to coordinate eligibility for combat-related special compensation and concurrent receipt, 

to eliminate the reduction of SBP survivor annuities 

by dependency and indemnity compensation, and to enhance the ability of members of the reserve components 

who serve on active duty or perform active service to 


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receive credit for such service in determining eligibility 

for early receipt of non-regular service retired pay. 

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

3 SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED 

4 PAY AND VETERANS’ DISABILITY COMPENSA5 TION FOR CERTAIN ADDITIONAL MILITARY 

6 RETIREES WITH COMPENSABLE SERVICE7 CONNECTED DISABILITIES. 

8 (a) EXTENSION OF CONCURRENT RECEIPT AUTHOR9 ITY TO RETIREES WITH SERVICE-CONNECTED DISABIL10 ITIES RATED LESS THAN 50 PERCENT.—Subsection (a) 

11 of section 1414 of title 10, United States Code, is amend12 ed— 

13 (1) by striking ‘‘COMPENSATION’’ in the sub14 section heading and all that follows through ‘‘Sub15 ject’’ and inserting ‘‘COMPENSATION.—Subject’’; 

16 and 

17 (2) by striking paragraph (2). 

18 (b) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

19 OF RETIRED PAY AND VETERANS’ DISABILITY COM20 PENSATION.—Such section is further amended— 

21 (1) in subsection (a), as amended by subsection 

22 (a) of this section, by striking the final sentence; 


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1 (2) by striking subsection (c) and redesignating 

2 subsections (d) and (e) as subsections (c) and (d), 

3 respectively; and 

4 (3) in subsection (d), as so redesignated, by 

5 striking paragraphs (3) and (4). 

6 (c) CLERICAL AMENDMENTS.— 

7 (1) SECTION HEADING.—The heading for sec8 tion 1414 of such title is amended to read as fol9 lows: 

10 ‘‘§ 1414. Members eligible for retired pay who are also 

11 eligible for veterans’ disability compensa12 tion: concurrent payment of retired pay 

13 and disability compensation’’. 

14 (2) TABLE OF SECTIONS.—The item relating to 

15 such section in the table of sections at the beginning 

16 of chapter 71 of such title is amended to read as fol17 lows: 

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

disability compensation.’’. 

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

19 this section shall take effect as of January 1, 2012, and 

20 shall apply to payments for months beginning on or after 

21 that date. 


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1 SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COM2 BAT-RELATED SPECIAL COMPENSATION AND 

3 CONCURRENT RECEIPT. 

4 (a) ELIGIBILITY FOR TERA RETIREES.—Subsection 

5 (c) of section 1413a of title 10, United States Code, is 

6 amended by striking ‘‘entitled to retired pay who—’’ and 

7 all that follows through the end of paragraph (1) and in8 serting ‘‘who— 

9 ‘‘(1) is entitled to retired pay, other than a 

10 member retired under chapter 61 of this title with 

11 less than 20 years of service creditable under section 

12 1405 of this title and less than 20 years of service 

13 computed under section 12732 of this title; and’’. 

14 (b) AMENDMENTS TO STANDARDIZE SIMILAR PROVI15 SIONS.— 

16 (1) CLERICAL AND CONFORMING AMEND17 MENTS.—Section 1413a of such title is further 

18 amended— 

19 (A) in the heading for paragraph (3) of 

20 subsection (b), by striking ‘‘RULES’’ and insert21 ing ‘‘RULE’’; and 

22 (B) in subsection (f), by striking ‘‘Sub23 section (d)’’ and inserting ‘‘Subsection (c)’’. 

24 (2) SPECIFICATION OF QUALIFIED RETIREES

25 FOR CONCURRENT RECEIPT PURPOSES.—Section 


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1 1414 of such title, as amended by section 3, is 

2 amended— 

3 (A) in subsection (a)— 

4 (i) by striking ‘‘a member or’’ and all 

5 that follows through ‘‘is entitled’’ and in6 serting ‘‘an individual who is a qualified 

7 retiree for any month is entitled’’; and 

8 (ii) by inserting ‘‘retired pay and vet9 erans’ disability compensation’’ after 

10 ‘‘both’’; and 

11 (B) in subsection (d), by adding at the end 

12 the following new paragraph: 

13 ‘‘(3) QUALIFIED RETIREE.—The term ‘qualified 

14 retiree’ means a member or former member of the 

15 uniformed services who, with respect to any 

16 month— 

17 ‘‘(A) is entitled to retired pay, other than 

18 in the case of a member retired under chapter 

19 61 of this title with less than 20 years of serv20 ice creditable under section 1405 of this title 

21 and less than 20 years of service computed 

22 under section 12732 of this title; and 

23 ‘‘(B) is entitled to veterans’ disability com24 pensation.’’. 


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1 (3) STANDARDIZATION WITH CRSC RULE FOR

2 CHAPTER 61 RETIREES.—Subsection (b) of section 

3 1414 of such title is amended— 

4 (A) by striking ‘‘SPECIAL RULES’’ in the 

5 subsection heading and all that follows through 

6 ‘‘is subject to’’ and inserting ‘‘SPECIAL RULE

7 FOR CHAPTER 61 DISABILITY RETIREES.—In 

8 the case of a qualified retiree who is retired 

9 under chapter 61 of this title, the retired pay 

10 of the member is subject to’’; and 

11 (B) by striking paragraph (2). 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect as of January 1, 2012, and 

14 shall apply to payments for months beginning on or after 

15 that date. 

16 SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP 

17 SURVIVOR ANNUITIES BY DEPENDENCY AND 

18 INDEMNITY COMPENSATION. 

19 (a) REPEAL.— 

20 (1) REPEAL.—Subchapter II of chapter 73 of 

21 title 10, United States Code, is amended as follows: 

22 (A) In section 1450, by striking subsection 

23 (c). 

24 (B) In section 1451(c)— 

25 (i) by striking paragraph (2); and 


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1 (ii) by redesignating paragraphs (3) 

2 and (4) as paragraphs (2) and (3), respec3 tively. 

4 (2) CONFORMING AMENDMENTS.—Such sub5 chapter is further amended as follows: 

6 (A) In section 1450— 

7 (i) by striking subsection (e); and 

8 (ii) by striking subsection (k). 

9 (B) In section 1451(g)(1), by striking sub10 paragraph (C). 

11 (C) In section 1452— 

12 (i) in subsection (f)(2), by striking 

13 ‘‘does not apply—’’ and all that follows 

14 and inserting ‘‘does not apply in the case 

15 of a deduction made through administra16 tive error.’’; and 

17 (ii) by striking subsection (g). 

18 (D) In section 1455(c), by striking ‘‘, 

19 1450(k)(2),’’. 

20 (b) PROHIBITION ON RETROACTIVE BENEFITS.—No 

21 benefits may be paid to any person for any period before 

22 the effective date provided under subsection (f) by reason 

23 of the amendments made by subsection (a). 

24 (c) PROHIBITION ON RECOUPMENT OF CERTAIN

25 AMOUNTS PREVIOUSLY REFUNDED TO SBP RECIPIVerDate Mar 15 2010 22:13 May 31, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1979.IH H1979

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1 ENTS.—A surviving spouse who is or has been in receipt 

2 of an annuity under the Survivor Benefit Plan under sub3 chapter II of chapter 73 of title 10, United States Code, 

4 that is in effect before the effective date provided under 

5 subsection (f) and that is adjusted by reason of the 

6 amendments made by subsection (a) and who has received 

7 a refund of retired pay under section 1450(e) of title 10, 

8 United States Code, shall not be required to repay such 

9 refund to the United States. 

10 (d) REPEAL OF AUTHORITY FOR OPTIONAL ANNUITY

11 FOR DEPENDENT CHILDREN.—Section 1448(d)(2) of 

12 such title is amended— 

13 (1) by striking ‘‘DEPENDENT CHILDREN.—’’ 

14 and all that follows through ‘‘In the case of a mem15 ber described in paragraph (1),’’ and inserting ‘‘DE16 PENDENT CHILDREN.—In the case of a member de17 scribed in paragraph (1),’’; and 

18 (2) by striking subparagraph (B). 

19 (e) RESTORATION OF ELIGIBILITY FOR PREVIOUSLY

20 ELIGIBLE SPOUSES.—The Secretary of the military de21 partment concerned shall restore annuity eligibility to any 

22 eligible surviving spouse who, in consultation with the Sec23 retary, previously elected to transfer payment of such an24 nuity to a surviving child or children under the provisions 

25 of section 1448(d)(2)(B) of title 10, United States Code, 


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1 as in effect on the day before the effective date provided 

2 under subsection (f). Such eligibility shall be restored 

3 whether or not payment to such child or children subse4 quently was terminated due to loss of dependent status 

5 or death. For the purposes of this subsection, an eligible 

6 spouse includes a spouse who was previously eligible for 

7 payment of such annuity and is not remarried, or remar8 ried after having attained age 55, or whose second or sub9 sequent marriage has been terminated by death, divorce 

10 or annulment. 

11 (f) EFFECTIVE DATE.—This section and the amend12 ments made by this section shall take effect on the later 

13 of— 

14 (1) October 1, 2011; or 

15 (2) the first day of the first month that begins 

16 after the date of the enactment of this Act. 

17 SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CON18 SIDERING ACTIVE DUTY AND ACTIVE SERV19 ICE FOR EARLY ELIGIBILITY FOR RECEIPT 

20 OF NON-REGULAR SERVICE RETIRED PAY. 

21 (a) CONSIDERATION OF 90-DAY PERIODS OF SERV22 ICE.—Section 12731(f)(2)(A) of title 10, United States 

23 Code, is amended by striking ‘‘below 60 years of age by 

24 three months for each aggregate of 90 days on which such 

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1 ject to subparagraph (C)’’ and inserting ‘‘, subject to sub2 paragraph (C), below 60 years of age by three months for 

3 each aggregate of 90 days on which such person serves 

4 on such active duty or performs such active service after 

5 such date’’. 

6 (b) RETROACTIVE EFFECTIVE DATE.—The amend7 ment made by subsection (a) shall take effect as of Janu8 ary 28, 2008, and as if included in the National Defense 

9 Authorization Act for Fiscal Year 2008 (Public Law 110– 

10 181) as enacted. 

Æ 


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