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II
116TH CONGRESS
2D SESSION
S. 3393
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
MARCH 4, 2020
Mr. TESTER (for himself and Mr. CRAPO) 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-
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tives of the United States of America in Congress assembled,
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•S 3393 IS
SECTION 1. ELIGIBILITY OF DISABILITY RETIREES WITH
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FEWER THAN 20 YEARS OF SERVICE AND A
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COMBAT-RELATED DISABILITY FOR CONCUR-
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RENT RECEIPT OF VETERANS’ DISABILITY
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COMPENSATION AND RETIRED PAY.
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(a) CONCURRENT RECEIPT IN CONNECTION WITH
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CSRC.—Section 1413a(b)(3)(B) of title 10, United States
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Code, is amended by striking ‘‘creditable service,’’ and all
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that follows and inserting the following: ‘‘creditable serv-
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ice—
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‘‘(i) the retired pay of the retiree is
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not subject to reduction under sections
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5304 and 5305 of title 38; and
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‘‘(ii) no monthly amount shall be paid
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the retiree under subsection (a).’’.
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(b) CONCURRENT RECEIPT GENERALLY.—Section
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1414(b)(2) of title 10, United States Code, is amended
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by striking ‘‘Subsection (a)’’ and all that follows and in-
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serting the following: ‘‘Subsection (a)—
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‘‘(A) applies to a member described in
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paragraph (1) of that subsection who is retired
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under chapter 61 of this title with less than 20
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years of service otherwise creditable under
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chapter 1405 of this title, or with less than 20
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years of service computed under section 12732
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of this title, at the time of the member’s retire-
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•S 3393 IS
ment if the member has a combat-related dis-
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ability (as that term is defined in section
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1413a(e) of this title), except that in the appli-
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cation of subsection (a) to such a member, any
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reference in that subsection to a qualifying
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service-connected disability shall be deemed to
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be a reference to that combat-related disability;
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but
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‘‘(B) does not apply to any member so re-
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tired if the member does not have a combat-re-
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lated disability.’’.
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(c) TECHNICAL AND CONFORMING AMENDMENTS.—
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(1) AMENDMENTS REFLECTING END OF CON-
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CURRENT
RECEIPT
PHASE-IN
PERIOD.—Section
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1414 of title 10, United States Code, is further
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amended—
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(A) in subsection (a)(1)—
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(i) by striking the second sentence;
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and
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(ii) by striking subparagraphs (A) and
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(B);
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(B) by striking subsection (c) and redesig-
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nating subsections (d) and (e) as subsections
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(c) and (d), respectively; and
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•S 3393 IS
(C) in subsection (d), as redesignated, by
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striking paragraphs (3) and (4).
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(2) SECTION HEADING.—The heading of such
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section 1414 is amended to read as follows:
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‘‘§ 1414. Members eligible for retired pay who are also
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eligible for veterans’ disability compensa-
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tion: concurrent receipt’’.
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(3) TABLE OF SECTIONS.—The table of sections
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at the beginning of chapter 71 of such title is
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amended by striking the item relating to section
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1414 and inserting the following new item:
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‘‘1414. Members eligible for retired pay who are also eligible for veterans’ dis-
ability compensation: concurrent receipt.’’.
(4)
CONFORMING
AMENDMENT.—Section
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1413a(f) of such title is amended by striking ‘‘Sub-
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section (d)’’ and inserting ‘‘Subsection (c)’’.
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(d) EFFECTIVE DATE.—The amendments made by
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this section shall take effect on the first day of the first
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month beginning after the date of the enactment of this
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Act and shall apply to payments for months beginning on
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or after that date.
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Æ
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