II 

110TH CONGRESS 

1ST SESSION S. 439 

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 SENATE OF THE UNITED STATES 

JANUARY 31, 2007 

Mr. REID (for himself, Mrs. LINCOLN, Mr. BIDEN, Ms. MIKULSKI, Mrs. 

BOXER, Mr. DURBIN, Mr. SALAZAR, and Mr. BROWN) 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. 

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 2007’’. 

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) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

24 FOR RETIREES WITH SERVICE-CONNECTED DISABILITIES

25 RATED AS TOTAL.—Subsection (a)(1) of such section is 


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1 amended by striking ‘‘except that’’ and all that follows and 

2 inserting ‘‘except— 

3 ‘‘(A) in the case of a qualified retiree re4 ceiving veterans’ disability compensation for a 

5 disability rated as 100 percent, payment of re6 tired pay to such veteran is subject to sub7 section (c) only during the period beginning on 

8 January 1, 2004, and ending on December 31, 

9 2004; and 

10 ‘‘(B) in the case of a qualified retiree re11 ceiving veterans’ disability compensation for a 

12 disability rated as total by reason of 

13 unemployability, payment of retired pay to such 

14 veteran is subject to subsection (c) only during 

15 the period beginning on January 1, 2004, and 

16 ending on December 31, 2007.’’. 

17 (c) CLERICAL AMENDMENTS.— 

18 (1) The heading for section 1414 of such title 

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

9 this section shall take effect on January 1, 2008, 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) ELIGIBILITY FOR TERA RETIREES.—Subsection 

16 (c) of section 1413a of title 10, United States Code, is 

17 amended by striking ‘‘entitled to retired pay who—’’ and 

18 inserting ‘‘who— 

19 ‘‘(1) is entitled to retired pay, other than a 

20 member retired under chapter 61 of this title with 

21 less than 20 years of service creditable under section 

22 1405 of this title and less than 20 years of service 

23 computed under section 12732 of this title; and 

24 ‘‘(2) has a combat-related disability.’’. 


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1 (b) AMENDMENTS TO STANDARDIZE SIMILAR PROVI2 SIONS.— 

3 (1) CLERICAL AMENDMENT.—The heading for 

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

5 amended by striking ‘‘RULES’’ and inserting 

6 ‘‘RULE’’. 

7 (2) QUALIFIED RETIREES.—Subsection (a) of 

8 section 1414 of such title, as amended by section 

9 2(a), is amended— 

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

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

12 qualified retiree’’; and 

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

14 paragraph: 

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

16 of this section, a qualified retiree, with respect 

17 to any month, is a member or former member 

18 of the uniformed services who— 

19 ‘‘(A) is entitled to retired pay, other 

20 than in the case of a member retired under 

21 chapter 61 of this title with less than 20 

22 years of service creditable under section 

23 1405 of this title and less than 20 years of 

24 service computed under section 12732 of 

25 this title; and 


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

2 veterans’ disability compensation.’’. 

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

4 section 1414 of such title is amended— 

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

6 subsection heading and all that follows through 

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

8 FOR CHAPTER 61 DISABILITY RETIREES.—In 

9 the case of a qualified retiree who is retired 

10 under chapter 61 of this title, the retired pay 

11 of the member is subject to’’; and 

12 (B) by striking paragraph (2). 

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

14 this section shall take effect on January 1, 2008, and shall 

15 apply to payments for months beginning on or after that 

16 date. 

Æ 


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