II 

112TH CONGRESS 

1ST SESSION S. 344 

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

of the uniformed services who have a service-connected disability to 

receive both disability compensation from the Department of Veterans 

Affairs for their disability and either retired pay by reason of their 

years of military service or Combat-Related Special Compensation, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 14, 2011 

Mr. REID (for himself, Ms. STABENOW, and Mr. TESTER) 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 permit certain 

retired members of the uniformed services who have a 

service-connected disability to receive both disability compensation from the Department of Veterans Affairs for 

their disability and either retired pay by reason of their 

years of military service or Combat-Related Special Compensation, 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 ‘‘Retired Pay Restora3 tion Act of 2011’’. 

4 SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY 

5 AND VETERANS’ DISABILITY COMPENSATION 

6 FOR CERTAIN MILITARY RETIREES WITH 

7 COMPENSABLE SERVICE-CONNECTED DIS8 ABILITIES. 

9 (a) EXTENSION OF CONCURRENT RECEIPT AUTHOR10 ITY TO RETIREES WITH SERVICE-CONNECTED DISABIL11 ITIES RATED LESS THAN 50 PERCENT.— 

12 (1) REPEAL OF 50 PERCENT REQUIREMENT.— 

13 Section 1414 of title 10, United States Code, is 

14 amended by striking paragraph (2) of subsection (a). 

15 (2) COMPUTATION.—Paragraph (1) of sub16 section (c) of such section is amended by adding at 

17 the end the following new subparagraph: 

18 ‘‘(G) For a month for which the retiree re19 ceives veterans’ disability compensation for a 

20 disability rated as 40 percent or less or has a 

21 service-connected disability rated as zero per22 cent, $0.’’. 

23 (b) CLERICAL AMENDMENTS.— 

24 (1) The heading of section 1414 of such title is 

25 amended to read as follows: 


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1 ‘‘§ 1414. Members eligible for retired pay who are also 

2 eligible for veterans’ disability compensa3 tion: concurrent payment of retired pay 

4 and disability compensation’’. 

5 (2) The item relating to such section in the 

6 table of sections at the beginning of chapter 71 of 

7 such title is 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.’’. 

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

9 this section shall take effect on January 1, 2012, and shall 

10 apply to payments for months beginning on or after that 

11 date. 

12 SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COM13 BAT-RELATED SPECIAL COMPENSATION AND 

14 CONCURRENT RECEIPT. 

15 (a) AMENDMENTS TO STANDARDIZE SIMILAR PROVI16 SIONS.— 

17 (1) QUALIFIED RETIREES.—Subsection (a) of 

18 section 1414 of title 10, United States Code, as 

19 amended by section 2(a), is amended— 

20 (A) by striking ‘‘a member or’’ and all that 

21 follows through ‘‘retiree’)’’ and inserting ‘‘a 

22 qualified retiree’’; and 

23 (B) by adding at the end the following new 

24 paragraph: 


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1 ‘‘(2) QUALIFIED RETIREES.—For purposes 

2 of this section, a qualified retiree, with respect 

3 to any month, is a member or former member 

4 of the uniformed services who— 

5 ‘‘(A) is entitled to retired pay (other 

6 by reason of section 12731b of this title); 

7 and 

8 ‘‘(B) is also entitled for that month to 

9 veterans’ disability compensation.’’. 

10 (2) DISABILITY RETIREES.—Paragraph (2) of 

11 subsection (b) of section 1414 of such title is 

12 amended to read as follows: 

13 ‘‘(2) SPECIAL RULE FOR RETIREES WITH

14 FEWER THAN 20 YEARS OF SERVICE.—The retired 

15 pay of a qualified retiree who is retired under chap16 ter 61 of this title with fewer than 20 years of cred17 itable service is subject to reduction by the lesser 

18 of— 

19 ‘‘(A) the amount of the reduction under 

20 sections 5304 and 5305 of title 38; or 

21 ‘‘(B) the amount (if any) by which the 

22 amount of the member’s retired pay under such 

chapter exceeds the amount equal to 21 23 ⁄2 per24 cent of the member’s years of creditable service 

25 multiplied by the member’s retired pay base 


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1 under section 1406(b)(1) or 1407 of this title, 

2 whichever is applicable to the member.’’. 

3 (b) EFFECTIVE DATE.—The amendments made by 

4 this section shall take effect on January 1, 2012, and shall 

5 apply to payments for months beginning on or after that 

6 date. 

7 SEC. 4. CLARIFICATION OF COMPUTATION OF COMBAT-RE8 LATED SPECIAL COMPENSATION FOR CHAP9 TER 61 DISABILITY RETIREES. 

10 (a) IN GENERAL.—Section 1413a(b)(3) of title 10, 

11 United States Code, is amended by striking ‘‘shall be re12 duced by the amount (if any) by which the amount of the 

13 member’s retired pay under chapter 61 of this title ex14 ceeds’’ both places it appears and inserting ‘‘may not, 

15 when combined with the amount of retired pay payable 

16 to the retiree after any such reduction under sections 5304 

17 and 5305 of title 38, cause the total of such combined 

18 payment to exceed’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall take effect on January 1, 2012, and shall 

21 apply to payments for months beginning on or after that 

22 date. 

Æ 


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