I 116TH CONGRESS 1ST SESSION H. R. 5060 To amend title 10, United States Code, to extend eligibility for concurrent payment of both retired pay and veterans’ disability compensation to chapter 61 disability retirees with less than 20 years of service who are not eligible for combat-related special compensation, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 13, 2019 Mr. BISHOP of Georgia introduced 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 committee concerned A BILL To amend title 10, United States Code, to extend eligibility for concurrent payment of both retired pay and veterans’ disability compensation to chapter 61 disability retirees with less than 20 years of service who are not eligible for combat-related special compensation, 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 04:37 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5060.IH H5060 kjohnson on DSK79L0C42 with BILLS 2 •HR 5060 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Medical Retiree Pay 2 Restoration Act’’. 3 SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND 4 VETERANS’ DISABILITY COMPENSATION FOR 5 CHAPTER 61 DISABILITY RETIREES WITH 6 LESS THAN 20 YEARS OF SERVICE WHO ARE 7 NOT ELIGIBLE FOR COMBAT-RELATED SPE- 8 CIAL COMPENSATION. 9 (a) INCLUSION OF DISABILITY RETIREES WITH 10 LESS THAN 20 YEARS OF SERVICE WHO ARE NOT ELIGI- 11 BLE FOR COMBAT-RELATED SPECIAL COMPENSATION.— 12 Section 1414(b) of title 10, United States Code, is amend- 13 ed— 14 (1) in paragraph (1), by striking ‘‘member re- 15 tired’’ and inserting ‘‘qualified retiree who is re- 16 tired’’; and 17 (2) by striking paragraph (2) and inserting the 18 following new paragraph: 19 ‘‘(2) DISABILITY RETIREES WITH LESS THAN 20 20 YEARS OF SERVICE AND WHO ARE NOT ELIGIBLE 21 FOR COMBAT-RELATED SPECIAL COMPENSATION.— 22 The retired pay of a qualified retiree who is retired 23 under chapter 61 of this title with fewer than 20 24 years of creditable service, and who is not an eligible 25 combat-related disabled uniformed services retiree 26 VerDate Sep 11 2014 04:37 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5060.IH H5060 kjohnson on DSK79L0C42 with BILLS 3 •HR 5060 IH under section 1413a of this title, is not subject to 1 reduction under sections 5304 and 5305 of title 2 38.’’. 3 (b) CONFORMING AMENDMENTS REFLECTING END 4 OF CONCURRENT RECEIPT PHASE-IN PERIOD.—Section 5 1414 of title 10, United States Code, is further amend- 6 ed— 7 (1) in subsection (a)(1), by striking ‘‘During 8 the period beginning on January 1, 2004, and end- 9 ing on December 31, 2013,’’ and all that follows 10 through the end of the paragraph; 11 (2) by striking subsection (c) and redesignating 12 subsections (d) and (e) as subsections (c) and (d), 13 respectively; and 14 (3) in subsection (d), as so redesignated, by 15 striking paragraphs (3) and (4). 16 (c) CONFORMING AMENDMENT REFLECTING SUB- 17 SECTION REDESIGNATION.—Section 1413a(f) of title 10, 18 United States Code, is amended by striking ‘‘Subsection 19 (d)’’ and inserting ‘‘Subsection (c)’’. 20 (d) EFFECTIVE DATE.—The amendments made by 21 this section shall take effect on the first day of the first 22 month beginning after the date of the enactment of this 23 VerDate Sep 11 2014 04:37 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5060.IH H5060 kjohnson on DSK79L0C42 with BILLS 4 •HR 5060 IH Act and shall apply to payments for months beginning on 1 or after that date. 2 Æ VerDate Sep 11 2014 04:37 Nov 21, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H5060.IH H5060 kjohnson on DSK79L0C42 with BILLS