II

106TH CONGRESS

1ST SESSION S. 789

To amend title 10, United States Code, to authorize payment of special

compensation to certain severely disabled uniformed services retirees.

IN THE SENATE OF THE UNITED STATES

APRIL 13, 1999

Mr. MCCAIN 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 authorize payment

of special compensation to certain severely disabled uniformed services retirees.

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

3 SECTION 1. SPECIAL COMPENSATION FOR SEVERELY DIS4 ABLED UNIFORMED SERVICES RETIREES.

5 (a) AUTHORITY.—(1) Chapter 71 of title 10, United

6 States Code, is amended by adding at the end the fol7 lowing new section:
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1 ‘‘§ 1413. Special compensation for certain severely

2 disabled uniformed services retirees

3 ‘‘(a) AUTHORITY.—The Secretary concerned shall,

4 subject to the availability of appropriations for such pur5 pose, pay to each eligible disabled uniformed services re6 tiree a monthly amount determined under subsection (b).

7 ‘‘(b) AMOUNT.—The amount to be paid to an eligible

8 disabled uniformed services retiree in accordance with sub9 section (a) is the following:

10 ‘‘(1) For any month for which the retiree has

11 a qualifying service-connected disability rated as

12 total, $300.

13 ‘‘(2) For any month for which the retiree has

14 a qualifying service-connected disability rated as 90

15 percent, $200.

16 ‘‘(3) For any month for which the retiree has

17 a qualifying service-connected disability rated as 80

18 percent or 70 percent, $100.

19 ‘‘(c) ELIGIBLE MEMBERS.—An eligible disabled uni20 formed services retiree referred to in subsection (a) is a

21 member of the uniformed services in a retired status

22 (other than a member who is retired under chapter 61

23 of this title) who—

24 ‘‘(1) completed at least 20 years of service in

25 the uniformed services that are creditable for pur-
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1 poses of computing the amount of retired pay to

2 which the member is entitled; and

3 ‘‘(2) has a qualifying service-connected dis4 ability.

5 ‘‘(d) QUALIFYING SERVICE-CONNECTED DISABILITY

6 DEFINED.—In this section, the term ‘qualifying service7 connected disability’ means a service-connected disability

8 that—

9 ‘‘(1) was incurred or aggravated in the per10 formance of duty as a member of a uniformed serv11 ice, as determined by the Secretary concerned; and

12 ‘‘(2) is rated as not less than 70 percent

13 disabling—

14 ‘‘(A) by the Secretary concerned as of the

15 date on which the member is retired from the

16 uniformed services; or

17 ‘‘(B) by the Secretary of Veterans Affairs

18 within four years following the date on which

19 the member is retired from the uniformed serv20 ices.

21 ‘‘(e) STATUS OF PAYMENTS.—Payments under this

22 section are not retired pay.

23 ‘‘(f) SOURCE OF FUNDS.—Payments under this sec24 tion for any fiscal year shall be paid out of funds appro-
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1 priated for pay and allowances payable by the Secretary

2 concerned for that fiscal year.

3 ‘‘(g) OTHER DEFINITIONS.—In this section:

4 ‘‘(1) The term ‘service-connected’ has the

5 meaning give that term in section 101 of title 38.

6 ‘‘(2) The term ‘disability rated as total’

7 means—

8 ‘‘(A) a disability that is rated as total

9 under the standard schedule of rating disabil10 ities in use by the Department of Veterans Af11 fairs; or

12 ‘‘(B) a disability for which the scheduled

13 rating is less than total but for which a rating

14 of total is assigned by reason of inability of the

15 disabled person concerned to secure or follow a

16 substantially gainful occupation as a result of

17 service-connected disabilities.

18 ‘‘(3) The term ‘retired pay’ includes retainer

19 pay, emergency officers’ retirement pay, and naval

20 pension.’’.

21 (2) The table of sections at the beginning of such

22 chapter is amended by adding at the end the following

23 new item:

‘‘1413. Special compensation for certain severely disabled uniformed services retirees.’’.
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1 (b) EFFECTIVE DATE.—Section 1413 of title 10,

2 United States Code, as added by subsection (a), shall take

3 effect on October 1, 1999, and shall apply to months that

4 begin on or after that date. No benefit may be paid to

5 any person by reason of that section for any period before

6 that date.

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