I 
111TH CONGRESS 
1ST SESSION 
H. R. 811 
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 
FEBRUARY 3, 2009 
Mr. BILIRAKIS introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion 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) PHASE-IN OF CONCURRENT RECEIPT FOR RE-
TIREES 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 
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(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.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—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) TABLE OF SECTIONS.—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 fol-
lows: 
‘‘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, 2010, and shall 
apply to payments for months beginning on or after that 
date. 
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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 
uniformed services who, with respect to any 
month— 
‘‘(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 serv-
ice creditable under section 1405 of this title 
and less than 20 years of service computed 
under section 12732 of this title; and 
‘‘(B) is entitled to veterans’ disability com-
pensation.’’. 
(3) DISABILITY RETIREES.—Subsection (b) of 
section 1414 of such title is amended— 
(A) by striking ‘‘SPECIAL RULES’’ in the 
subsection heading and all that follows through 
‘‘is subject to’’ and inserting ‘‘SPECIAL RULE 
FOR CHAPTER 61 DISABILITY RETIREES.—In 
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the case of a qualified retiree who is retired 
under chapter 61 of this title, the retired pay 
of the member is subject to’’; and 
(B) by striking paragraph (2). 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on January 1, 2010, and shall 
apply to payments for months beginning on or after that 
date. 
Æ 
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