I 

116TH CONGRESS 

1ST SESSION H. R. 333 

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

Armed Forces who have a service-connected disability rated less than 

50 percent to receive concurrent payment of both retired pay and veterans’ disability compensation, to extend eligibility for concurrent receipt 

to chapter 61 disability retirees with less than 20 years of service, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 8, 2019 

Mr. BISHOP of Georgia 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 rated less than 50 percent to receive 

concurrent payment of both retired pay and veterans’ 

disability compensation, to extend eligibility for concurrent receipt to chapter 61 disability retirees with less 

than 20 years of service, 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 ‘‘Disabled Veterans Tax 

3 Termination Act’’. 

4 SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND 

5 VETERANS’ DISABILITY COMPENSATION FOR 

6 MILITARY RETIREES WITH COMPENSABLE 

7 SERVICE-CONNECTED DISABILITIES. 

8 (a) INCLUSION OF RETIREES WITH SERVICE-CON9 NECTED DISABILITIES RATED LESS THAN 50 PER10 CENT.—Section 1414(a) of title 10, United States Code, 

11 is amended— 

12 (1) by striking ‘‘COMPENSATION’’ in the sub13 section heading and all that follows through ‘‘Sub14 ject’’ and inserting ‘‘COMPENSATION.—Subject’’; 

15 (2) by striking ‘‘qualifying service-connected 

16 disability’’ and inserting ‘‘service-connected dis17 ability’’; and 

18 (3) by striking paragraph (2). 

19 (b) INCLUSION OF DISABILITY RETIREES WITH

20 LESS THAN 20 YEARS OF SERVICE.—Section 1414(b) of 

21 title 10, United States Code, is amended— 

22 (1) in paragraph (1), by striking ‘‘member re23 tired’’ and inserting ‘‘qualified retiree who is re24 tired’’; and 

25 (2) by striking paragraph (2) and inserting the 

26 following new paragraph: 


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1 ‘‘(2) DISABILITY RETIREES WITH LESS THAN 20

2 YEARS OF SERVICE.—The retired pay of a qualified 

3 retiree who is retired under chapter 61 of this title 

4 with fewer than 20 years of creditable service is sub5 ject to reduction under sections 5304 and 5305 of 

6 title 38, but only by the amount (if any) by which 

7 the amount of the member’s retired pay under such 

chapter exceeds the amount equal to 21 8 ⁄2 percent of 

9 the member’s years of creditable service multiplied 

10 by the member’s retired pay base under section 

11 1406(b)(1) or 1407 of this title, whichever is appli12 cable to the member.’’. 

13 (c) CONFORMING AMENDMENTS REFLECTING END

14 OF CONCURRENT RECEIPT PHASE-IN PERIOD.—Section 

15 1414 of title 10, United States Code, is further amend16 ed— 

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

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

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

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

21 respectively; and 

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

23 striking paragraphs (3) and (4). 

24 (d) CLERICAL AMENDMENTS.— 


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1 (1) SECTION HEADING.—The heading for sec2 tion 1414 of title 10, United States Code, is amend3 ed to read as follows: 

4 ‘‘§ 1414. Members eligible for retired pay who are also 

5 eligible for veterans’ disability compensa6 tion: concurrent payment of retired pay 

7 and disability compensation’’. 

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

9 such section in the table of sections at the beginning 

10 of chapter 71 of title 10, United States Code, is 

11 amended to read as follows: 

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

disability compensation.’’. 

12 (e) CONFORMING AMENDMENT REFLECTING SUB13 SECTION REDESIGNATION.—Section 1413a(f) of title 10, 

14 United States Code, is amended by striking ‘‘Subsection 

15 (d)’’ and inserting ‘‘Subsection (c)’’. 

16 (f) EFFECTIVE DATE.—The amendments made by 

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

18 month beginning after the date of the enactment of this 

19 Act and shall apply to payments for months beginning on 

20 or after that date. 

Æ 


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