I

104TH CONGRESS

2D SESSION H. R. 4103

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

concurrent payment of retired pay and veterans’ disability compensation

for certain disabled veterans.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 18, 1996

Mr. BILIRAKIS introduced the following bill; which was referred to the Committee on National Security, 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 payment of retired pay and

veterans’ disability compensation for certain disabled veterans.

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. LIMITED AUTHORITY FOR CONCURRENT PAY2 MENT OF RETIRED PAY AND VETERANS’ DIS3 ABILITY COMPENSATION FOR CERTAIN DIS4 ABLED VETERANS.

5 (a) LIMITATION ON DUPLICATION OF BENEFITS.—

6 (1) Chapter 71 of title 10, United States Code, is amended

7 by adding at the end the following new section:

8 ‘‘§ 1413. Concurrent payment of retired pay and vet9 erans’ disability compensation

10 ‘‘(a) The prohibition on concurrent award of veter11 ans’ disability compensation and retired pay set forth in

12 section 5304(a)(1) of title 38 does not apply to a person

13 who has a service-connected disability if—

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

15 of service in the uniformed services that is creditable

16 for purposes of computing the amount of retired pay

17 to which the member is entitled;

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

19 in the performance of duty as a member of a uni20 formed service, as determined by the Secretary con21 cerned; and

22 ‘‘(3) the disability is rated as not less than 70

23 percent—

24 ‘‘(A) by the Secretary concerned as of the

25 date on which the person is retired from the

26 uniformed services; or
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1 ‘‘(B) by the Secretary of Veterans Affairs

2 within four years following the date on which

3 the person is retired from the uniformed serv4 ices.

5 ‘‘(b) The amount of retired pay paid in accordance

6 with subsection (a) concurrently with the payment of dis7 ability compensation to any person for any month shall

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

9 amount of retired pay to which that person is otherwise

10 entitled under any other provision of law):

11 ‘‘(1) In the case of a person who for that month

12 has a disability rated as total, $300.

13 ‘‘(2) In the case of a person who for that month

14 has a disability rated as 90 percent, $200.

15 ‘‘(3) In the case of a person who for that month

16 has a disability rated as 80 percent or 70 percent,

17 $100.

18 ‘‘(c) Notwithstanding section 1463(a) of this title, the

19 amount of retired pay paid in accordance with subsection

20 (a) concurrently with the payment of disability compensa21 tion to the recipients of such retired pay shall be paid out

22 of funds appropriated for the Department of Defense for

23 any fiscal year.

24 ‘‘(d) Subsection (a) is not applicable to a person for

25 any period for which the disability of such person is not
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1 a disability rated as not less than 70 percent disabling

2 as described in paragraph (3) of such subsection.

3 ‘‘(e) In this section:

4 ‘‘(1) The terms ‘compensation’ and ‘service-con5 nected’ have the meanings given those terms in sec6 tion 101 of title 38.

7 ‘‘(2) The term ‘disability rated as total’

8 means—

9 ‘‘(A) a disability that is rated as total

10 under the standard schedule of rating disabil11 ities in use by the Department of Veterans Af12 fairs; or

13 ‘‘(B) a disability for which the schedular

14 rating is less than total but for which a rating

15 of total is assigned by reason of inability of the

16 disabled person concerned to secure or follow a

17 substantially gainful occupation as a result of

18 service-connected disabilities.

19 ‘‘(3) The term ‘retired pay’ includes retainer

20 pay, emergency officers’ retirement pay, and naval

21 pension.

22 ‘‘(f) This section shall take effect on October 1, 1996,

23 and shall apply to months that begin on or after that

24 date.’’.
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1 (2) The table of sections at the beginning of such

2 chapter is amended by adding at the end the following

3 new item:

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

4 (b) RETROACTIVE BENEFITS.—No benefits shall be

5 paid to any person by reason of section 1413 of title 10,

6 United States Code, for any period before the effective

7 date of that section.

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