I 
109TH CONGRESS 
1ST SESSION H. R. 2076 
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 
MAY 4, 2005 
Mr. BILIRAKIS (for himself, Mr. BRADLEY of New Hampshire, and Mr. MIL-
LER of Florida) introduced the following bill; which was referred to the 
Committee on Armed Services, and in addition to the Committee on Vet-
erans’ Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction 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 com-
pensation 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 Com-
pensation. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Retired Pay Restora-
tion Act of 2005’’. 
SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY 
AND VETERANS’ DISABILITY COMPENSATION 
FOR CERTAIN MILITARY RETIREES WITH 
COMPENSABLE 
SERVICE-CONNECTED 
DIS-
ABILITIES. 
(a) EXTENSION OF CONCURRENT RECEIPT AUTHOR-
ITY TO RETIREES WITH SERVICE-CONNECTED DISABIL-
ITIES RATED LESS THAN 50 PERCENT.— 
(1) REPEAL OF 50 PERCENT REQUIREMENT.— 
Section 1414 of title 10, United States Code, is 
amended by striking paragraph (2) of subsection (a). 
(2) COMPUTATION.—Paragraph (1) of sub-
section (c) of such section is amended by adding at 
the end the following new subparagraph: 
‘‘(G) For a month for which the retiree re-
ceives veterans’ disability compensation for a 
disability rated as 40 percent or less or has a 
service-connected disability rated as zero per-
cent, $0.’’. 
(b) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT 
FOR RETIREES WITH SERVICE-CONNECTED DISABILITIES 
RATED AS TOTAL.—Subsection (a)(1) of such section is
amended by striking ‘‘except that’’ and all that follows and 
inserting ‘‘except— 
‘‘(A) in the case of a qualified retiree re-
ceiving veterans’ disability compensation for a 
disability rated as 100 percent, payment of re-
tired pay to such veteran is subject to sub-
section (c) only during the period beginning on 
January 1, 2004, and ending on December 31, 
2004; and 
‘‘(B) in the case of a qualified retiree re-
ceiving veterans’ disability compensation for a 
disability 
rated 
as 
total 
by 
reason 
of 
unemployability, payment of retired pay to such 
veteran is subject to subsection (c) only during 
the period beginning on January 1, 2004, and 
ending on December 31, 2005.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) The heading for section 1414 of such title 
is amended to read as follows:
‘‘§ 1414. Members eligible for retired pay who are also 
eligible for veterans’ disability compensa-
tion: concurrent payment of retired pay 
and disability compensation’’. 
(2) The item relating to such section in the 
table of sections at the beginning of chapter 71 of 
such title is amended to read as follows: 
‘‘1414. Members eligible for retired pay who are also eligible for veterans’ dis-
ability compensation: concurrent payment of retired pay and 
disability compensation.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2006, and shall 
apply to payments for months beginning on or after that 
date. 
SEC. 3. COORDINATION OF SERVICE ELIGIBILITY FOR COM-
BAT-RELATED SPECIAL COMPENSATION AND 
CONCURRENT RECEIPT. 
(a) ELIGIBILITY FOR TERA RETIREES.—Subsection 
(c) of section 1413a of title 10, United States Code, is 
amended by striking ‘‘entitled to retired pay who—’’ and 
inserting ‘‘who— 
‘‘(1) is entitled to retired pay, other than a 
member retired under chapter 61 of this title with 
less than 20 years of service creditable under section 
1405 of this title and less than 20 years of service 
computed under section 12732 of this title; and 
‘‘(2) has a combat-related disability.’’.
(b) AMENDMENTS TO STANDARDIZE SIMILAR PROVI-
SIONS.— 
(1) CLERICAL AMENDMENT.—The heading for 
paragraph (3) of section 1413a(b) of such title is 
amended 
by 
striking 
‘‘RULES’’ 
and 
inserting 
‘‘RULE’’. 
(2) QUALIFIED RETIREES.—Subsection (a) of 
section 1414 of such title, as amended by section 
2(a), is amended— 
(A) by striking ‘‘a member or’’ and all that 
follows through ‘‘retiree’)’’ and inserting ‘‘a 
qualified retiree’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(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 in the case of a member retired under 
chapter 61 of this title with less than 20 
years of service creditable under section 
1405 of this title and less than 20 years of 
service computed under section 12732 of 
this title; and