II 

116TH CONGRESS 

1ST SESSION S. 208 

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 

JANUARY 24, 2019 

Mr. TESTER (for himself, Ms. MURKOWSKI, Mrs. MURRAY, Mr. BLUMENTHAL, 

Mr. MENENDEZ, Mr. WHITEHOUSE, Mr. COONS, Ms. KLOBUCHAR, Ms. 

BALDWIN, Mr. BLUNT, Mr. BOOZMAN, Mr. MARKEY, Mr. VAN HOLLEN, 

Ms. STABENOW, Ms. DUCKWORTH, and Ms. SINEMA) 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’’. 

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.—Section 1414 of 

12 title 10, United States Code, is amended by striking para13 graph (2) of subsection (a). 

14 (b) CLERICAL AMENDMENTS.— 

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

16 amended to read as follows: 

17 ‘‘§ 1414. Members eligible for retired pay who are also 

18 eligible for veterans’ disability compensa19 tion: concurrent payment of retired pay 

20 and disability compensation’’. 

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

22 table of sections at the beginning of chapter 71 of 

23 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.’’. 


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

2 this section shall take effect on January 1, 2020, and shall 

3 apply to payments for months beginning on or after that 

4 date. 

5 SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COM6 BAT-RELATED SPECIAL COMPENSATION AND 

7 CONCURRENT RECEIPT. 

8 (a) AMENDMENTS TO STANDARDIZE SIMILAR PROVI9 SIONS.— 

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

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

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

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

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

15 qualified retiree’’; and 

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

17 paragraph: 

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

19 of this section, a qualified retiree, with respect 

20 to any month, is a member or former member 

21 of the uniformed services who— 

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

23 than by reason of section 12731b of this 

24 title); and 


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

2 veterans’ disability compensation.’’. 

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

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

5 amended to read as follows: 

6 ‘‘(2) SPECIAL RULE FOR RETIREES WITH

7 FEWER THAN 20 YEARS OF SERVICE.—The retired 

8 pay of a qualified retiree who is retired under chap9 ter 61 of this title with fewer than 20 years of cred10 itable service is subject to reduction by the lesser 

11 of— 

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

13 sections 5304 and 5305 of title 38; or 

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

15 amount of the member’s retired pay under such 

chapter exceeds the amount equal to 21 16 ⁄2 per17 cent of the member’s years of creditable service 

18 multiplied by the member’s retired pay base 

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

20 whichever is applicable to the member.’’. 

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

22 this section shall take effect on January 1, 2020, and shall 

23 apply to payments for months beginning on or after that 

24 date. 

Æ 


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