I 

110TH CONGRESS 

1ST SESSION H. R. 1436 

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 HOUSE OF REPRESENTATIVES 

MARCH 9, 2007 

Mr. BILIRAKIS (for himself and Mr. FORTENBERRY) 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 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, 

mstockstill on PROD1PC66 with BILLS

2 

•HR 1436 IH

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.—Subsection (a) 

12 of section 1414 of title 10, United States Code, is amend13 ed— 

14 (1) by striking ‘‘COMPENSATION’’ in the sub15 section heading and all that follows through ‘‘Sub16 ject’’ and inserting ‘‘COMPENSATION.—Subject’’; 

17 and 

18 (2) by striking paragraph (2). 

19 (b) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT

20 FOR RETIREES WITH SERVICE-CONNECTED DISABILITIES

21 RATED AS TOTAL.—Such subsection is further amended 

22 by striking ‘‘except that’’ and all that follows and inserting 

23 ‘‘except— 

24 ‘‘(1) in the case of a qualified retiree receiving 

25 veterans’ disability compensation for a disability 

26 rated as 100 percent, payment of retired pay to such 

mstockstill on PROD1PC66 with BILLS

3 

•HR 1436 IH

1 veteran is subject to subsection (c) only during the 

2 period beginning on January 1, 2004, and ending on 

3 December 31, 2004; and 

4 ‘‘(2) in the case of a qualified retiree receiving 

5 veterans’ disability compensation for a disability 

6 rated as total by reason of unemployability, payment 

7 of retired pay to such veteran is subject to sub8 section (c) only during the period beginning on Jan9 uary 1, 2004, and ending on December 31, 2007.’’. 

10 (c) PHASE-IN OF CONCURRENT RECEIPT FOR RETIR11 EES WITH SERVICE-CONNECTED DISABILITIES RATED AS

12 40 PERCENT OR LESS.—Subsection (c) of such section is 

13 amended— 

14 (1) in the matter before paragraph (1), by 

15 striking ‘‘subsection (a)(1)’’ and inserting ‘‘sub16 section (a)’’; and 

17 (2) in paragraph (1), by adding at the end the 

18 following new subparagraph: 

19 ‘‘(G) For a month for which the retiree re20 ceives veterans’ disability compensation for a 

21 disability rated as 40 percent or less or has a 

22 service-connected disability rated as zero per23 cent, $0.’’. 

24 (d) CLERICAL AMENDMENTS.— 

mstockstill on PROD1PC66 with BILLS

4 

•HR 1436 IH

1 (1) The heading for such section is amended to 

2 read as follows: 

3 ‘‘§ 1414. Members eligible for retired pay who are also 

4 eligible for veterans’ disability compensa5 tion: concurrent payment of retired pay 

6 and disability compensation.’’. 

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

8 table of sections at the beginning of chapter 71 of 

9 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.’’. 

10 (e) EFFECTIVE DATE.—The amendments made by 

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

12 apply to payments for months beginning on or after that 

13 date. 

14 SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COM15 BAT-RELATED SPECIAL COMPENSATION AND 

16 CONCURRENT RECEIPT. 

17 (a) ELIGIBILITY FOR TERA RETIREES.—Subsection 

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

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

20 all that follows through the end of paragraph (1) and in21 serting ‘‘who— 

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

23 member retired under chapter 61 of this title with 

24 less than 20 years of service creditable under section 

mstockstill on PROD1PC66 with BILLS

5 

•HR 1436 IH

1 1405 of this title and less than 20 years of service 

2 computed under section 12732 of this title; and’’. 

3 (b) AMENDMENTS TO STANDARDIZE SIMILAR PROVI4 SIONS.— 

5 (1) CLERICAL AMENDMENT.—The heading for 

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

7 amended by striking ‘‘RULES’’ and inserting 

8 ‘‘RULE’’. 

9 (2) SPECIFICATION OF QUALIFIED RETIREES

10 FOR CONCURRENT RECEIPT PURPOSES.—Section 

11 1414 of such title, as amended by section 2, is 

12 amended— 

13 (A) in subsection (a)— 

14 (i) by striking ‘‘a member or’’ and all 

15 that follows through ‘‘retiree’)’’ and insert16 ing ‘‘an individual who is a qualified re17 tiree for any month’’; and 

18 (ii) by inserting ‘‘retired pay and vet19 erans’ disability compensation’’ after 

20 ‘‘both’’; and 

21 (B) in subsection (e), by adding at the end 

22 the following new paragraph: 

23 ‘‘(5) QUALIFIED RETIREE.—The term ‘qualified 

24 retiree’ means a member or former member of the 

mstockstill on PROD1PC66 with BILLS

6 

•HR 1436 IH

1 uniformed services who, with respect to any 

2 month— 

3 ‘‘(A) is entitled to retired pay, other than 

4 in the case of a member retired under chapter 

5 61 of this title with less than 20 years of serv6 ice creditable under section 1405 of this title 

7 and less than 20 years of service computed 

8 under section 12732 of this title; and 

9 ‘‘(B) is entitled to veterans’ disability com10 pensation.’’. 

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

12 section 1414 of such title is amended— 

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

14 subsection heading and all that follows through 

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

16 FOR CHAPTER 61 DISABILITY RETIREES.—In 

17 the case of a qualified retiree who is retired 

18 under chapter 61 of this title, the retired pay 

19 of the member is subject to’’; and 

20 (B) by striking paragraph (2). 

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

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

23 apply to payments for months beginning on or after that 

24 date. 

Æ 

mstockstill on PROD1PC66 with BILLS