II 

117TH CONGRESS 

1ST SESSION S. 344 

To amend title 10, United States Code, to provide for concurrent receipt 

of veterans’ disability compensation and retired pay for disability retirees 

with fewer than 20 years of service and a combat-related disability, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 22, 2021 

Mr. TESTER (for himself, Mr. CRAPO, Mr. HOEVEN, Mr. PETERS, Mr. RISCH, 

Mr. WYDEN, Ms. STABENOW, Mr. BLUNT, Ms. WARREN, Mr. VAN HOLLEN, Mr. MENENDEZ, Mr. MARKEY, Ms. SINEMA, Ms. KLOBUCHAR, Ms. 

HIRONO, Mr. BOOZMAN, Mr. COONS, Mr. LEAHY, Mr. WHITEHOUSE, 

Mrs. SHAHEEN, Mr. BENNET, Ms. CORTEZ MASTO, Mr. BLUMENTHAL, 

Ms. SMITH, Ms. MURKOWSKI, Mr. CASEY, Mr. WARNER, Ms. COLLINS, 

Mr. PORTMAN, Mr. MORAN, Mr. WICKER, Mr. MANCHIN, Mrs. GILLIBRAND, Mr. DAINES, Mrs. MURRAY, Mr. ROUNDS, Mrs. CAPITO, Mr. 

CRAMER, Mr. SANDERS, Mr. BARRASSO, Mr. MERKLEY, Mr. BROWN, Ms. 

HASSAN, Mr. DURBIN, Mr. SCOTT of South Carolina, and Mr. WARNOCK) 

introduced the following bill; which was read twice and referred to the 

Committee on Veterans’ Affairs 

MARCH 17 (legislative day, MARCH 16), 2021 

Committee discharged; referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and 

retired pay for disability retirees with fewer than 20 

years of service and a combat-related disability, and for 

other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Major Richard Star 

5 Act’’. 

6 SEC. 2. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER 

7 THAN 20 YEARS OF SERVICE AND A COMBAT8 RELATED DISABILITY FOR CONCURRENT RE9 CEIPT OF VETERANS’ DISABILITY COMPENSA10 TION AND RETIRED PAY. 

11 (a) CONCURRENT RECEIPT IN CONNECTION WITH

12 CSRC.—Section 1413a(b)(3)(B) of title 10, United States 

13 Code, is amended by striking ‘‘creditable service,’’ and all 

14 that follows and inserting the following: ‘‘creditable serv15 ice— 

16 ‘‘(i) the retired pay of the retiree is 

17 not subject to reduction under sections 

18 5304 and 5305 of title 38; and 

19 ‘‘(ii) no monthly amount shall be paid 

20 the retiree under subsection (a).’’. 

21 (b) CONCURRENT RECEIPT GENERALLY.—Section 

22 1414(b)(2) of title 10, United States Code, is amended 

23 by striking ‘‘Subsection (a)’’ and all that follows and in24 serting the following: ‘‘Subsection (a)— 


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1 ‘‘(A) applies to a member described in 

2 paragraph (1) of that subsection who is retired 

3 under chapter 61 of this title with less than 20 

4 years of service otherwise creditable under 

5 chapter 1405 of this title, or with less than 20 

6 years of service computed under section 12732 

7 of this title, at the time of the member’s retire8 ment if the member has a combat-related dis9 ability (as that term is defined in section 

10 1413a(e) of this title), except that in the appli11 cation of subsection (a) to such a member, any 

12 reference in that subsection to a qualifying 

13 service-connected disability shall be deemed to 

14 be a reference to that combat-related disability; 

15 but 

16 ‘‘(B) does not apply to any member so re17 tired if the member does not have a combat-re18 lated disability.’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

20 (1) AMENDMENTS REFLECTING END OF CON21 CURRENT RECEIPT PHASE-IN PERIOD.—Section 

22 1414 of title 10, United States Code, is further 

23 amended— 

24 (A) in subsection (a)(1)— 


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1 (i) by striking the second sentence; 

2 and 

3 (ii) by striking subparagraphs (A) and 

4 (B); 

5 (B) by striking subsection (c) and redesig6 nating subsections (d) and (e) as subsections 

7 (c) and (d), respectively; and 

8 (C) in subsection (d), as redesignated, by 

9 striking paragraphs (3) and (4). 

10 (2) SECTION HEADING.—The heading of such 

11 section 1414 is amended to read as follows: 

12 ‘‘§ 1414. Members eligible for retired pay who are also 

13 eligible for veterans’ disability compensa14 tion: concurrent receipt’’. 

15 (3) TABLE OF SECTIONS.—The table of sections 

16 at the beginning of chapter 71 of such title is 

17 amended by striking the item relating to section 

18 1414 and inserting the following new item: 

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

19 (4) CONFORMING AMENDMENT.—Section 

20 1413a(f) of such title is amended by striking ‘‘Sub21 section (d)’’ and inserting ‘‘Subsection (c)’’. 

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

23 this section shall take effect on the first day of the first 

24 month beginning after the date of the enactment of this 


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1 Act and shall apply to payments for months beginning on 

2 or after that date. 

Æ 


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