I 

111TH CONGRESS 

1ST SESSION H. R. 811 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 3, 2009 

Mr. BILIRAKIS 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 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. 

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’’. 

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.—Subsection (a) 

12 of section 1414 of title 10, United States Code, is amend13 ed— 

14 (1) by striking ‘‘COMPENSATION’’ in the sub15 section heading and all that follows through ‘‘Sub16 ject’’ and inserting ‘‘COMPENSATION.—Subject’’; 

17 and 

18 (2) by striking paragraph (2). 

19 (b) PHASE-IN OF CONCURRENT RECEIPT FOR RE20 TIREES WITH SERVICE-CONNECTED DISABILITIES RATED

21 AS 40 PERCENT OR LESS.—Subsection (c) of such section 

22 is amended— 

23 (1) in the matter before paragraph (1), by 

24 striking ‘‘subsection (a)(1)’’ and inserting ‘‘sub25 section (a)’’; and 


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1 (2) in paragraph (1), by adding at the end the 

2 following new subparagraph: 

3 ‘‘(G) For a month for which the retiree re4 ceives veterans’ disability compensation for a 

5 disability rated as 40 percent or less or has a 

6 service-connected disability rated as zero per7 cent, $0.’’. 

8 (c) CLERICAL AMENDMENTS.— 

9 (1) SECTION HEADING.—The heading for such 

10 section is amended to read as follows: 

11 ‘‘§ 1414. Members eligible for retired pay who are also 

12 eligible for veterans’ disability compensa13 tion: concurrent payment of retired pay 

14 and disability compensation.’’. 

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

16 such section in the table of sections at the beginning 

17 of chapter 71 of such title is amended to read as fol18 lows: 

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

disability compensation.’’. 

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

20 this section shall take effect on January 1, 2010, and shall 

21 apply to payments for months beginning on or after that 

22 date. 


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1 SEC. 3. 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 AMENDMENT.—The heading for 

17 paragraph (3) of section 1413a(b) of such title is 

18 amended by striking ‘‘RULES’’ and inserting 

19 ‘‘RULE’’. 

20 (2) SPECIFICATION OF QUALIFIED RETIREES

21 FOR CONCURRENT RECEIPT PURPOSES.—Section 

22 1414 of such title, as amended by section 2, is 

23 amended— 

24 (A) in subsection (a)— 

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

26 that follows through ‘‘retiree’)’’ and insertVerDate Nov 24 2008 00:25 Feb 05, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H811.IH H811

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1 ing ‘‘an individual who is a qualified re2 tiree for any month’’; and 

3 (ii) by inserting ‘‘retired pay and vet4 erans’ disability compensation’’ after 

5 ‘‘both’’; and 

6 (B) in subsection (e), by adding at the end 

7 the following new paragraph: 

8 ‘‘(5) QUALIFIED RETIREE.—The term ‘qualified 

9 retiree’ means a member or former member of the 

10 uniformed services who, with respect to any 

11 month— 

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

13 in the case of a member retired under chapter 

14 61 of this title with less than 20 years of serv15 ice creditable under section 1405 of this title 

16 and less than 20 years of service computed 

17 under section 12732 of this title; and 

18 ‘‘(B) is entitled to veterans’ disability com19 pensation.’’. 

20 (3) DISABILITY RETIREES.—Subsection (b) of 

21 section 1414 of such title is amended— 

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

23 subsection heading and all that follows through 

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

25 FOR CHAPTER 61 DISABILITY RETIREES.—In 


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1 the case of a qualified retiree who is retired 

2 under chapter 61 of this title, the retired pay 

3 of the member is subject to’’; and 

4 (B) by striking paragraph (2). 

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

6 this section shall take effect on January 1, 2010, and shall 

7 apply to payments for months beginning on or after that 

8 date. 

Æ 


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