I 
109TH CONGRESS 
2D SESSION 
H. R. 5947 
To correct an inequity in eligibility for military retired pay based on nonreg-
ular service in the case of certain members of the reserve components 
completing their reserve service before 1966, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 27, 2006 
Mr. SCOTT of Virginia (for himself, Mr. GRIJALVA, Mr. BISHOP of Georgia, 
Mrs. MALONEY, Mr. MCGOVERN, Mr. LYNCH, Mr. PAYNE, Mr. CONYERS, 
Ms. LEE, and Mr. CLEAVER) introduced the following bill; which was re-
ferred to the Committee on Armed Services 
A BILL 
To correct an inequity in eligibility for military retired pay 
based on nonregular service in the case of certain mem-
bers of the reserve components completing their reserve 
service before 1966, and for other purposes. 
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 ‘‘Forgotten Veteran’s 
Retirement Compensation Act’’. 
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SEC. 2. RETIRED PAY ELIGIBILITY TO CORRECT ADMINIS-
TRATIVE ERRORS. 
(a) ELIGIBILITY.—The provisions of section 12738 of 
title 10, United States Code, shall apply to the determina-
tion of eligibility for nonregular-service retired pay of a 
person in a case in which the Secretary concerned, before 
October 14, 1966, notified the person that such person 
had completed the years of service required for eligibility 
for such retired pay in the same manner as those provi-
sions apply to a such a notification made after that date. 
(b) BACK PAYMENTS.—In any case in which the Sec-
retary concerned determines, pursuant to subsection (a), 
that a person not otherwise entitled to nonregular-service 
retired pay is (or, in the case of a deceased person, would 
have been) entitled to such retired pay due to the applica-
tion to that person of the provisions of section 12738(a) 
of title 10, United States Code, the Secretary shall deter-
mine as a lump sum the amount of retired pay that would 
have been paid to that person for the period before the 
date of the enactment of this Act and shall promptly pay 
such lump sum to such person or, if the person is de-
ceased, to such person’s eligible survivors, as determined 
in accordance with section 1477 of such title. 
(c) SURVIVING SPOUSES
AND DEPENDENT CHIL-
DREN.—In the case of a person described in subsection 
(b) who on the date of the enactment of this Act is de-
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ceased and who has a surviving spouse or a surviving de-
pendent child, such deceased person shall be considered 
for all purposes relating to programs and activities of the 
Department of Defense, including the Survivor Benefit 
Plan under subchapter II of chapter 73 of title 10, United 
States Code, to have been entitled to nonregular-service 
retired pay at the time of death. For purposes of computa-
tion of an annuity under such subchapter, the base 
amount applicable to such annuity shall be considered to 
be the amount of retired pay to which the deceased person 
would have been entitled on the date of death if the provi-
sions of subsection (a) had been in effect before such per-
son’s death. 
(d) DEFINITIONS.—In this section: 
(1) SECRETARY CONCERNED.—The term ‘‘Sec-
retary concerned’’ has the meaning given that term 
in section 101 of title 10, United States Code. 
(2) NONREGULAR-SERVICE RETIRED PAY.—The 
term ‘‘nonregular-service retired pay’’ means retired 
pay under chapter 1223 of title 10, United States 
Code (or any predecessor provision of law). 
(3) DEPENDENT CHILD.—The term ‘‘dependent 
child’’ has the meaning given that term in section 
1447(11) of title 10, United States Code. 
Æ 
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