I
106TH CONGRESS
2D SESSION
H. R. 4909
To amend title 38, United States Code, to permit retired members of the
Armed Forces who retired with over 20 years of service, were awarded
the Purple Heart, and have a service-connected disability compensable
by the Department of Veterans Affairs to receive compensation from
the Department of Veterans Affairs concurrently with military retired
pay, without reduction of either, and to provide for the preservation
of certain benefits for surviving spouses of veterans and retired members
of the Armed Forces.
IN THE HOUSE OF REPRESENTATIVES
JULY 20, 2000
Mr. CRAMER introduced the following bill; which was referred to the Com-
mittee on Veterans’ Affairs, and in addition to the Committee on Armed
Services, 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 38, United States Code, to permit retired
members of the Armed Forces who retired with over
20 years of service, were awarded the Purple Heart,
and have a service-connected disability compensable by
the Department of Veterans Affairs to receive compensa-
tion from the Department of Veterans Affairs concur-
rently with military retired pay, without reduction of
either, and to provide for the preservation of certain
benefits for surviving spouses of veterans and retired
members of the Armed Forces.
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 ‘‘Veterans Compensa-
tion Equity Act of 2000’’.
SEC. 2. CONCURRENT RECEIPT OF RETIRED PAY AND DIS-
ABILITY RETIREMENT FOR VETERANS WHO
RECEIVED THE PURPLE HEART.
(a) CONCURRENT RECEIPT.—Section 5304 of title
38, United States Code, is amended—
(1) by adding at the end of subsection (a)(1)
the following new sentence: ‘‘Notwithstanding the
preceding sentence, emergency officers’, regular, or
reserve retirement pay (other than retired pay under
chapter 61 of title 10) shall be paid to a veteran
concurrently with compensation for a service-con-
nected disability, without deduction from either the
retirement pay or the compensation, in the case of
a veteran who was awarded the Purple Heart and
whose retirement pay is based on service of 20 years
or more.’’; and
(2) by adding at the end the following new sub-
section:
‘‘(d) Compensation paid by the Secretary for a serv-
ice-connected disability may not be considered in deter-
mining eligibility for any other benefit under any provision
of Federal, State, or local law and may not be counted
as income of the veteran or the veteran’s family for pur-
poses of any provision of Federal, State, or local law for
which eligibility for any benefit or program is determined
based upon income.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply with respect to payments for
periods beginning on or after the date of the enactment
of this Act.
SEC. 3. PRESERVATION OF VETERAN’S COMPENSATION
BENEFIT FOR SURVIVING SPOUSE.
(a) COMPENSATION BENEFIT TO SURVIVE DEATH
OF VETERAN.—Section 1311 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
‘‘(f) Notwithstanding the preceding provisions of this
section, the rate of dependency and indemnity compensa-
tion paid for any month to the surviving spouse of a vet-
eran who was awarded the Purple Heart shall be at the
rate at which compensation under chapter 11 of this title
would be paid for that month to that veteran if the veteran
were not deceased (except that, for purposes of section
1115 of this title, such rate of compensation shall be de-
termined as if the veteran had no spouse).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to payments for
months beginning on or after the date of the enactment
of this Act.
SEC. 4. ANNUITIES UNDER SURVIVOR BENEFIT PLAN TO BE
100 
PERCENT 
OF 
RETIRED 
PAY 
BASE
AMOUNT.
(a) TERMINATION.—Section 1451 of title 10, United
States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking out
‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that para-
graph and inserting in lieu thereof ‘‘shall be the
amount equal to 100 percent of the base
amount.’’; and
(B) in paragraph (2), by striking out
‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that para-
graph and inserting in lieu thereof ‘‘shall be the
amount equal to a percentage of the base
amount that—
‘‘(A) is less than 100 percent; and
‘‘(B) is determined under subsection (f).’’;
and
(2) in paragraph (1) of subsection (c), by strik-
ing out ‘‘shall be’’ in the matter preceding subpara-
graph (A) and all that follows in that paragraph and
inserting in lieu thereof ‘‘shall be the amount equal
to 100 percent of the retired pay to which the mem-
ber or former member would have been entitled if
the member or former member had been entitled to
that pay based upon his years of active service when
he died.’’.
(b) REPEAL OF REQUIREMENT FOR REDUCTION OF
ANNUITY AT AGE 62.—Such section is further amended
by striking out subsection (d).
(c) REPEAL OF ALTERNATIVE COMPUTATION FOR
CERTAIN BENEFICIARIES FOR WHOM SOCIAL SECURITY
OFFSET WAS MORE BENEFICIAL THAN TWO-TIER COM-
PUTATION.—Such section is further amended by striking
out subsection (e).
(d) CONFORMING AMENDMENT.—Subsection (f) of
such section is amended by striking out ‘‘(a)(2), (b)(2),
or (e)(2)(B)’’ and inserting in lieu thereof ‘‘(a)(2) or
(b)(2)’’.
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to payment of annuities for months
that begin after the date of the enactment of this Act.
(f) RECOMPUTATION OF EXISTING ANNUITIES.—In
the case of a person who is a beneficiary under the Sur-
vivor Benefit Plan established by subchapter II of chapter
73 of title 10, United States Code, on the date of the en-
actment of this Act, the Secretary concerned (as defined
in section 101 of title 37, United States Code) shall re-
compute the amount of that person’s annuity as necessary
to reflect the amendments made by this section.
Æ