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 ad-
dition to the Committee on Veterans’ Affairs, for a period to be subse-
quently 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 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Retired Pay Restora-
tion Act’’. 
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.—Subsection (a) 
of section 1414 of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘COMPENSATION’’ in the sub-
section heading and all that follows through ‘‘Sub-
ject’’ and inserting ‘‘COMPENSATION.—Subject’’; 
and 
(2) by striking paragraph (2). 
(b) REPEAL OF PHASE-IN OF CONCURRENT RECEIPT 
FOR RETIREES WITH SERVICE-CONNECTED DISABILITIES 
RATED AS TOTAL.—Such subsection is further amended 
by striking ‘‘except that’’ and all that follows and inserting 
‘‘except— 
‘‘(1) in the case of a qualified retiree receiving 
veterans’ disability compensation for a disability 
rated as 100 percent, payment of retired pay to such 
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veteran is subject to subsection (c) only during the 
period beginning on January 1, 2004, and ending on 
December 31, 2004; and 
‘‘(2) in the case of a qualified retiree receiving 
veterans’ disability compensation for a disability 
rated as total by reason of unemployability, payment 
of retired pay to such veteran is subject to sub-
section (c) only during the period beginning on Jan-
uary 1, 2004, and ending on December 31, 2007.’’. 
(c) PHASE-IN OF CONCURRENT RECEIPT FOR RETIR-
EES WITH SERVICE-CONNECTED DISABILITIES RATED AS 
40 PERCENT OR LESS.—Subsection (c) of such section is 
amended— 
(1) in the matter before paragraph (1), by 
striking ‘‘subsection (a)(1)’’ and inserting ‘‘sub-
section (a)’’; and 
(2) in paragraph (1), 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.’’. 
(d) CLERICAL AMENDMENTS.— 
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(1) The heading for such section 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.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2008, 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 
all that follows through the end of paragraph (1) and in-
serting ‘‘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 
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1405 of this title and less than 20 years of service 
computed under section 12732 of this title; and’’. 
(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) SPECIFICATION
OF
QUALIFIED
RETIREES 
FOR
CONCURRENT
RECEIPT
PURPOSES.—Section 
1414 of such title, as amended by section 2, is 
amended— 
(A) in subsection (a)— 
(i) by striking ‘‘a member or’’ and all 
that follows through ‘‘retiree’)’’ and insert-
ing ‘‘an individual who is a qualified re-
tiree for any month’’; and 
(ii) by inserting ‘‘retired pay and vet-
erans’ 
disability 
compensation’’ 
after 
‘‘both’’; and 
(B) in subsection (e), by adding at the end 
the following new paragraph: 
‘‘(5) QUALIFIED RETIREE.—The term ‘qualified 
retiree’ means a member or former member of the 
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