Federal

Major Richard Star Act

Source: Congress.gov · 898 words in original text

What This Bill Does

This bill allows certain military members who retired due to disability with fewer than 20 years of service to receive both their military retirement pay and veterans disability compensation at the same time. Previously, some of these members had to choose between one payment or the other. The bill specifically applies this benefit to those who have a combat-related disability. ##

Who It Affects

Military members who were retired under chapter 61 of title 10, United States Code with fewer than 20 years of service and a combat-related disability. ##

Key Provisions

- Military members retired with fewer than 20 years of service can receive both retirement pay and veterans disability compensation if they have a combat-related disability (Sec. 2(b)) - The retired pay of these members will not be reduced under certain tax provisions (Sec. 2(a)) - Members without a combat-related disability are not eligible for this concurrent (simultaneous) receipt benefit (Sec. 2(b)) - The law changes the title of the relevant section to clarify it covers members eligible for both retired pay and veterans disability compensation (Sec. 2(c)(2)) ##

What Changes

If this bill becomes law, military members who retired due to disability with fewer than 20 years of service and a combat-related disability can receive their full military retirement pay without any reduction, plus their full veterans disability compensation payment, at the same time. ##

Important Definitions

- Combat-related disability: Not specified in bill text (the bill refers to the definition in section 1413a(e) of title 10, but that definition is not included in this bill text) ##

Effective Date

The first day of the first month beginning after the bill becomes law, and applies to payments for months beginning on or after that date (Sec. 2(d))

II 118TH CONGRESS 1ST SESSION S. 344 To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 9, 2023 Mr. TESTER (for himself, Mr. CRAPO, Ms. BALDWIN, Mrs. CAPITO, Mr. BEN- NET, Mr. CRAMER, Mr. BLUMENTHAL, Mr. CRUZ, Mr. BOOKER, Mr. BROWN, Mr. HOEVEN, Ms. CANTWELL, Mrs. HYDE-SMITH, Mr. CASEY, Mr. RISCH, Mrs. FEINSTEIN, Mr. RUBIO, Mrs. GILLIBRAND, Ms. HAS- SAN, Mr. HICKENLOOPER, Ms. HIRONO, Mr. KAINE, Mr. KING, Ms. KLO- BUCHAR, Mr. LUJA´N, Mr. MENENDEZ, Mr. MERKLEY, Mrs. MURRAY, Mr. OSSOFF, Mr. PADILLA, Mr. PETERS, Ms. ROSEN, Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, Ms. SMITH, Ms. STABENOW, Mr. VANCE, Mr. WARNOCK, Ms. WARREN, Mr. WHITEHOUSE, Mr. WYDEN, Mr. DAINES, Mr. BOOZMAN, and Mr. MORAN) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for con- current receipt of veterans’ disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:24 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK79L0C42PROD with BILLS 2 •S 344 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Major Richard Star 2 Act’’. 3 SEC. 2. ELIGIBILITY OF DISABILITY RETIREES WITH FEWER 4 THAN 20 YEARS OF SERVICE AND A COMBAT- 5 RELATED DISABILITY FOR CONCURRENT RE- 6 CEIPT OF VETERANS’ DISABILITY COMPENSA- 7 TION AND RETIRED PAY. 8 (a) CONCURRENT RECEIPT IN CONNECTION WITH 9 CSRC.—Section 1413a(b)(3)(B) of title 10, United States 10 Code, is amended by striking ‘‘creditable service,’’ and all 11 that follows and inserting the following: ‘‘creditable serv- 12 ice— 13 ‘‘(i) the retired pay of the retiree is 14 not subject to reduction under sections 15 5304 and 5305 of title 38; and 16 ‘‘(ii) no monthly amount shall be paid 17 the retiree under subsection (a).’’. 18 (b) CONCURRENT RECEIPT GENERALLY.—Section 19 1414(b)(2) of title 10, United States Code, is amended 20 by striking ‘‘Subsection (a)’’ and all that follows and in- 21 serting the following: ‘‘Subsection (a)— 22 ‘‘(A) applies to a member described in 23 paragraph (1) of that subsection who is retired 24 under chapter 61 of this title with less than 20 25 years of service otherwise creditable under 26 VerDate Sep 11 2014 01:24 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK79L0C42PROD with BILLS 3 •S 344 IS chapter 1405 of this title, or with less than 20 1 years of service computed under section 12732 2 of this title, at the time of the member’s retire- 3 ment if the member has a combat-related dis- 4 ability (as that term is defined in section 5 1413a(e) of this title), except that in the appli- 6 cation of subsection (a) to such a member, any 7 reference in that subsection to a qualifying 8 service-connected disability shall be deemed to 9 be a reference to that combat-related disability; 10 but 11 ‘‘(B) does not apply to any member so re- 12 tired if the member does not have a combat-re- 13 lated disability.’’. 14 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 15 (1) AMENDMENTS REFLECTING END OF CON- 16 CURRENT RECEIPT PHASE-IN PERIOD.—Section 17 1414 of title 10, United States Code, is further 18 amended— 19 (A) in subsection (a)(1)— 20 (i) by striking the second sentence; 21 and 22 (ii) by striking subparagraphs (A) and 23 (B); 24 VerDate Sep 11 2014 01:24 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S344.IS S344 kjohnson on DSK79L0C42PROD with BILLS 4 •S 344 IS (B) by striking subsection (c) and redesig- 1 nating subsections (d) and (e) as subsections 2 (c) and (d), respectively; and 3 (C) in subsection (d), as redesignated, by 4 striking paragraphs (3) and (4). 5 (2) SECTION HEADING.—The heading of such 6 section 1414 is amended to read as follows: 7 ‘‘§ 1414. Members eligible for retired pay who are also 8 eligible for veterans’ disability compensa- 9 tion: concurrent receipt’’. 10 (3) TABLE OF SECTIONS.—The table of sections 11 at the beginning of chapter 71 of such title is 12 amended by striking the item relating to section 13 1414 and inserting the following new item: 14 ‘‘1414. Members eligible for retired pay who are also eligible for veterans’ dis- ability compensation: concurrent receipt.’’. (4) CONFORMING AMENDMENT.—Section 15 1413a(f) of such title is amended by striking ‘‘Sub- 16 section (d)’’ and inserting ‘‘Subsection (c)’’. 17 (d) EFFECTIVE DATE.—The amendments made by 18 this section shall take effect on the first day of the first 19 month beginning after the date of the enactment of this 20 Act and shall apply to payments for months beginning on 21 or after that date. 22 Æ VerDate Sep 11 2014 01:24 Feb 23, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S344.IS S344 kjohnson on DSK79L0C42PROD with BILLS

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