Retired Pay Restoration Act

Subjects: Armed Forces and National Security


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1515 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                S. 1515

To amend title 10, United States Code, to permit 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

                              May 10, 2023

  Mr. Tester (for himself, Ms. Murkowski, Mr. Blumenthal, Ms. Cortez 
Masto, Mr. Cramer, Ms. Hirono, Mr. Merkley, Mrs. Murray, Ms. Rosen, Mr. 
  Sanders, Mr. Schumer, Mrs. Shaheen, Ms. Sinema, Mr. Van Hollen, Ms. 
  Warren, Mr. Whitehouse, Mr. Wyden, Mr. Menendez, Ms. Klobuchar, Ms. 
 Baldwin, 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 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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Retired Pay Restoration Act''.

SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' 
              DISABILITY COMPENSATION FOR MILITARY RETIREES WITH 
              COMPENSABLE SERVICE-CONNECTED DISABILITIES.

    (a) In General.--Subsection (a) of 1414 of title 10, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``Subject to subsection 
        (b)'' and all that follows through ``paid both for that month'' 
        and inserting ``A qualified retiree is entitled to be paid both 
        retired pay and veterans' disability compensation for a 
        month''; and
            (2) by amending paragraph (2) to read as follows:
                    ``(2) Qualified retirees.--For purposes of this 
                section, a qualified retiree, with respect to any 
                month, is a member or former member of the uniformed 
                services who--
                            ``(A) is entitled to retired pay (other 
                        than by reason of section 12731b of this 
                        title); and
                            ``(B) is also entitled for that month to 
                        veterans' disability compensation.''.
    (b) Repeal of Reduction in Retired Pay.--Such section is further 
amended by striking subsection (b).
    (c) Technical and Conforming Amendments.--
            (1) Amendments reflecting end of concurrent receipt phase-
        in period.--Such section is further amended--
                    (A) in subsection (a)(1), by striking ``During the 
                period'' and all that follows through 
                ``unemployability.'';
                    (B) by striking subsection (c);
                    (C) by redesignating subsections (d) and (e) as 
                subsections (b) and (c), respectively; and
                    (D) in subsection (c), as so redesignated, by 
                striking paragraphs (3) and (4).
            (2) Section heading.--The heading of such section is 
        amended to read as follows:
``Sec. 1414. Members eligible for retired pay who are also eligible for 
              veterans' disability compensation: concurrent payment of 
              retired pay and disability compensation''.
            (3) Table of sections.--The item relating to such section 
        in the table of sections at the beginning of chapter 71 of 
        title 10, United States Code, 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.''.
            (4) Conforming amendment.--Section 1413a(f) of such title 
        is amended by striking ``Subsection (d)'' and inserting 
        ``Subsection (b)''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2024, and shall apply to payments for months 
beginning on or after that date.
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