I

106TH CONGRESS

1ST SESSION H. R. 1764

To amend title 10, United States Code, to provide limited authority for

concurrent receipt of military retired pay and veterans’ disability compensation in the case of certain disabled military retirees who are over

the age of 65.

IN THE HOUSE OF REPRESENTATIVES

MAY 12, 1999

Mr. EVANS (for himself, Mr. BILIRAKIS, Mr. FILNER, Mr. GUTIERREZ, Ms.

BROWN of Florida, Ms. CARSON, Mr. REYES, Mr. RODRIGUEZ, Mr.

SHOWS, Mr. MEEHAN, Mr. OBERSTAR, Ms. RIVERS, Mr. FARR of California, Ms. MCKINNEY, Mr. GREEN of Texas, Mr. POMEROY, Mr. FROST,

and Ms. KILPATRICK) 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 provide limited

authority for concurrent receipt of military retired pay

and veterans’ disability compensation in the case of certain disabled military retirees who are over the age of

65.

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 ‘‘Veterans’ Compensa3 tion Equity Act of 1999’’.

4 SEC. 2. LIMITED AUTHORITY FOR CONCURRENT RECEIPT

5 OF MILITARY RETIRED PAY AND VETERANS’

6 DISABILITY COMPENSATION BY CERTAIN DIS7 ABLED MILITARY RETIREES.

8 (a) IN GENERAL.—(1) Chapter 71 of title 10, United

9 States Code, is amended by adding at the end the fol10 lowing new section:

11 ‘‘§ 1413. Concurrent receipt of retired pay and vet12 erans’ disability compensation

13 ‘‘(a) The prohibition on concurrent award of vet14 erans’ disability compensation and retired pay set forth

15 in section 5304(a)(1) of title 38 does not apply in the case

16 of a person who has a service-connected disability if—

17 ‘‘(1) the person has completed at least 20 years

18 of service in the uniformed services that are cred19 itable for purposes of computing the amount of re20 tired pay to which the person is entitled;

21 ‘‘(2) the disability was incurred or aggravated

22 in the performance of duty as a member of a uni23 formed service, as determined by the Secretary con24 cerned; and

25 ‘‘(3) the person has attained the age of 65.
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1 ‘‘(b) The amount of retired pay paid in accordance

2 with subsection (a) concurrently with the payment of dis3 ability compensation to any person for any month shall

4 be the following amount (which shall be in addition to any

5 amount of retired pay to which that person is otherwise

6 entitled under any other provision of law):

7 ‘‘(1) In the case of a person who has attained

8 age 65 but not age 70, 50 percent of the amount of

9 disability compensation payable to that person for

10 that month.

11 ‘‘(2) In the case of a person who has attained

12 age 70, 100 percent of the amount of disability com13 pensation payable to that person for that month.

14 ‘‘(c) Notwithstanding section 1463(a) of this title, re15 tired pay paid for a fiscal year to a retired or former mem16 ber of the Army, Navy, Air Force, or Marine Corps in

17 accordance with subsection (a) concurrently with the pay18 ment of disability compensation to that individual shall be

19 paid out of funds appropriated for the Department of De20 fense for that fiscal year.

21 ‘‘(d) In this section:

22 ‘‘(1) The terms ‘compensation’ and ‘service-con23 nected’ have the meanings given those terms in sec24 tion 101 of title 38.
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1 ‘‘(2) The term ‘retired pay’ includes retainer

2 pay, emergency officers’ retirement pay, and naval

3 pension.’’.

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

5 chapter is amended by adding at the end the following

6 new item:

‘‘1413. Concurrent receipt of retired pay and veterans’ disability compensation.’’.

7 (b) EFFECTIVE DATE.—Section 1413 of title 10,

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

9 effect on October 1, 1998, and shall apply to months that

10 begin on or after that date.

11 (c) PROHIBITION OF RETROACTIVE BENEFITS.—No

12 benefit may be paid to any person by reason of section

13 1413 of title 10, United States Code, as added by sub14 section (a), for any period before the effective date speci15 fied in subsection (b).

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