I
107TH CONGRESS
1ST SESSION
H. R. 303
To amend title 10, United States Code, to permit retired members of the
Armed Forces who have a service-connected disability to receive both
military retired pay by reason of their years of military service and
disability compensation from the Department of Veterans Affairs for
their disability.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 30, 2001
Mr. BILIRAKIS (for himself, Mr. CONDIT, Mr. SHOWS, and Mr. KOLBE) intro-
duced the following bill; which was referred to the Committee 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 jurisdiction of the com-
mittee concerned
A BILL
To amend title 10, United States Code, to permit retired
members of the Armed Forces who have a service-con-
nected disability to receive both military retired pay by
reason of their years of military service and disability
compensation from the Department of Veterans Affairs
for their disability.
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 2001’’.
SEC. 2. PAYMENT OF RETIRED PAY AND COMPENSATION
TO DISABLED MILITARY RETIREES.
(a) RESTORATION OF RETIRED PAY BENEFITS.—
Chapter 71 of title 10, United States Code, is amended
by adding at the end the following new section:
‘‘§ 1414. Members eligible for retired pay who have
service-connected disabilities: payment of
retired pay and veterans’ disability com-
pensation
‘‘(a) PAYMENT OF BOTH RETIRED PAY AND COM-
PENSATION.—Except as provided in subsection (b), a
member or former member of the uniformed services who
is entitled to retired pay (other than as specified in sub-
section (c)) and who is also entitled to veterans’ disability
compensation is entitled to be paid both without regard
to sections 5304 and 5305 of title 38.
‘‘(b) SPECIAL RULE FOR CHAPTER 61 CAREER RE-
TIREES.—The retired pay of a member retired under
chapter 61 of this title with 20 years or more of service
otherwise creditable under section 1405 of this title at the
time of the member’s retirement is subject to reduction
under sections 5304 and 5305 of title 38, but only to the
extent that the amount of the member’s retired pay under
chapter 61 of this title exceeds the amount of retired pay
to which the member would have been entitled under any
other provision of law based upon the member’s service
in the uniformed services if the member had not been re-
tired under chapter 61 of this title.
‘‘(c) EXCEPTION.—Subsection (a) does not apply to
a member retired under chapter 61 of this title with less
than 20 years of service otherwise creditable under section
1405 of this title at the time of the member’s retirement.
‘‘(d) DEFINITIONS.—In this section:
‘‘(1) The term ‘retired pay’ includes retainer
pay, emergency officers’ retirement pay, and naval
pension.
‘‘(2) The term ‘veterans’ disability compensa-
tion’ has the meaning given the term ‘compensation’
in section 101(13) of title 38.’’.
(b) REPEAL
OF
SPECIAL
COMPENSATION
PRO-
GRAM.—Section 1413 of such title is repealed.
(c) CLERICAL AMENDMENTS.—The table of sections
at the beginning of such chapter is amended—
(1) by striking the item relating to section
1413; and
(2) by adding at the end the following new
item:
‘‘1414. Members eligible for retired pay who have service-connected disabilities:
payment of retired pay and veterans’ disability compensation.’’.
SEC. 3. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE
BENEFITS.
(a) IN GENERAL.—The amendments made by this
Act shall take effect on—
(1) the first day of the first month that begins
after the date of the enactment of this Act; or
(2) the first day of the fiscal year that begins
in the calendar year in which this Act is enacted, if
later than the date specified in paragraph (1).
(b) RETROACTIVE BENEFITS.—No benefits may be
paid to any person by reason of section 1414 of title 10,
United States Code, as added by the amendment made
by section 2(a), for any period before the effective date
specified in subsection (a).
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