What This Bill Does
This bill changes federal law to allow certain retired military members with service-connected disabilities to receive both their military retirement pay and veterans disability compensation at the same time. Previously, these retirees had to give up one dollar of retirement pay for every dollar they received in disability compensation. The bill expands who can receive both payments without this offset.
Who It Affects
Retired members of the armed forces (military branches) who have service-connected disabilities rated by the Department of Veterans Affairs and are eligible for both retirement pay and disability compensation.
Key Provisions
• Retired military members who qualify can now receive both their full retirement pay and veterans disability compensation without losing retirement pay (Sec. 3(a)).
• A "qualified retiree" is defined as someone entitled to retirement pay who also receives veterans disability compensation (Sec. 3(c)).
• For members retired under chapter 61 (disability retirement with less than 20 years of service), the law limits how their retirement pay can be reduced (Sec. 3(c)).
What Changes
If this bill becomes law, the current rule that reduces military retirement pay dollar-for-dollar against disability compensation will be eliminated for eligible retirees. The bill removes restrictions that previously limited concurrent receipt (receiving both payments) to only those with the most severe disabilities or combat-related injuries.
Important Definitions
"Service-connected disability" means a disability that occurred during or was made worse by military service. "Concurrent receipt" means receiving two payments at the same time.
Effective Date
January 1, 2021. The changes apply to payments for months beginning on or after that date.
I
118TH CONGRESS
1ST SESSION
H. R. 303
To amend title 10, United States Code, to permit additional retired members
of the Armed Forces who have a service-connected disability to receive
both disability compensation from the Department of Veterans Affairs
for their disability and either retired pay by reason of their years of
military service or combat-related special compensation.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 11, 2023
Mr. BILIRAKIS introduced the following bill; which was referred to the Com-
mittee 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 jurisdic-
tion of the committee concerned
A BILL
To amend title 10, United States Code, to permit additional
retired members of the Armed Forces who have a service-
connected disability to receive both disability compensa-
tion from the Department of Veterans Affairs for their
disability and either retired pay by reason of their years
of military service or combat-related special compensa-
tion.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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•HR 303 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Retired Pay Restora-
2
tion Act’’.
3
SEC. 2. FINDINGS AND SENSE OF CONGRESS.
4
(a) FINDINGS.—Congress finds the following:
5
(1) For more than 100 years before 1999, all
6
disabled military retirees were required to fund their
7
own veterans’ disability compensation by forfeiting
8
one dollar of earned retired pay for each dollar re-
9
ceived in veterans’ disability compensation.
10
(2) Since 1999, Congress has enacted legisla-
11
tion to progressively expand eligibility criteria for re-
12
lief of the retired pay disability offset and reduce the
13
burden of financial sacrifice on disabled military re-
14
tirees.
15
(3) Absent adequate funding to eliminate the
16
sacrifice for all disabled retirees, Congress has given
17
initial priority to easing financial inequities for the
18
most severely disabled and for combat-disabled retir-
19
ees.
20
(4) In the interest of maximizing eligibility
21
within cost constraints, Congress effectively has au-
22
thorized full concurrent receipt for all qualifying re-
23
tirees with 100-percent disability ratings and all
24
qualifying retirees with combat-related disability rat-
25
ings, while phasing out the disability offset to retired
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•HR 303 IH
pay over 10 years for retired members with noncom-
1
bat-related, service-connected disability ratings of 50
2
percent to 90 percent.
3
(5) In pursuing these good-faith efforts, Con-
4
gress acknowledges the regrettable necessity of cre-
5
ating new thresholds of eligibility that understand-
6
ably are disappointing to disabled retirees who fall
7
short of meeting those new thresholds.
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(6) Congress is not content with the status quo.
9
(b) SENSE OF CONGRESS.—It is the sense of Con-
10
gress that military retired pay earned by service and sac-
11
rifice in defending the United States should not be re-
12
duced because a military retiree is also eligible for vet-
13
erans’ disability compensation awarded for service-con-
14
nected disability.
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SEC. 3. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY
16
AND VETERANS’ DISABILITY COMPENSATION
17
FOR CERTAIN ADDITIONAL MILITARY RETIR-
18
EES
WITH
COMPENSABLE
SERVICE-CON-
19
NECTED DISABILITIES.
20
(a) EXTENSION OF CONCURRENT RECEIPT AUTHOR-
21
ITY TO RETIREES WITH SERVICE-CONNECTED DISABIL-
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ITIES RATED LESS THAN 50 PERCENT.—Section 1414(a)
23
of title 10, United States Code, is amended—
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•HR 303 IH
(1) by striking ‘‘COMPENSATION’’ in the sub-
1
section heading and all that follows through ‘‘Sub-
2
ject’’ and inserting ‘‘COMPENSATION.—Subject’’;
3
and
4
(2) by striking paragraph (2).
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(b) AMENDMENTS TO REFLECT CONCLUSION
OF
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PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY
7
AND VETERANS’ DISABILITY COMPENSATION.—Section
8
1414 of title 10, United States Code, is further amend-
9
ed—
10
(1) in subsection (a), as amended by subsection
11
(a) of this section, by striking the final sentence;
12
(2) by striking subsection (c) and redesignating
13
subsections (d) and (e) as subsections (c) and (d),
14
respectively; and
15
(3) in subsection (d), as so redesignated, by
16
striking paragraphs (3) and (4).
17
(c) SPECIFICATION OF QUALIFIED RETIREES FOR
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CONCURRENT RECEIPT PURPOSES.—Section 1414 of title
19
10, United States Code, is further amended—
20
(1) in subsection (a), as amended by sub-
21
sections (a) and (b)—
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(A) by striking ‘‘a member or’’ and all that
23
follows through ‘‘is entitled’’ and inserting ‘‘an
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•HR 303 IH
individual who is a qualified retiree for any
1
month is entitled’’; and
2
(B) by inserting ‘‘retired pay and veterans’
3
disability compensation’’ after ‘‘both’’;
4
(2) in subsection (b)—
5
(A) by striking ‘‘SPECIAL RULES’’ in the
6
subsection heading and all that follows through
7
‘‘is subject to’’ and inserting ‘‘SPECIAL RULES
8
FOR CHAPTER 61 DISABILITY RETIREES.—In
9
the case of a qualified retiree who is retired
10
under chapter 61 of this title, the retired pay
11
of the member is subject to’’; and
12
(B) by striking paragraph (2); and
13
(3) in subsection (d), as redesignated and
14
amended by subsection (b), by adding at the end the
15
following new paragraph:
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‘‘(3) QUALIFIED RETIREE.—The term ‘qualified
17
retiree’ means a member or former member of the
18
uniformed services who, with respect to any
19
month—
20
‘‘(A) is entitled to retired pay, other than
21
in the case of a member retired under chapter
22
61 of this title with less than 20 years of serv-
23
ice creditable under section 1405 of this title
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•HR 303 IH
and less than 20 years of service computed
1
under section 12732 of this title; and
2
‘‘(B) is entitled to veterans’ disability com-
3
pensation.’’.
4
(d) CLERICAL AMENDMENTS.—
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(1) SECTION HEADING.—The heading of section
6
1414 of title 10, United States Code, is amended to
7
read as follows:
8
‘‘§ 1414. Members eligible for retired pay who are also
9
eligible for veterans’ disability compensa-
10
tion: Concurrent payment of retired pay
11
and disability compensation’’.
12
(2) TABLE OF SECTIONS.—The item relating to
13
such section in the table of sections at the beginning
14
of chapter 71 of title 10, United States Code, is
15
amended to read as follows:
16
‘‘1414. Members eligible for retired pay who are also eligible for veterans’ dis-
ability compensation: Concurrent payment of retired pay and
disability compensation.’’.
(e) CONFORMING AMENDMENT.—Section 1413a(f) of
17
title 10, United States Code, is amended by striking ‘‘Sub-
18
section (d)’’ and inserting ‘‘Subsection (c)’’.
19
(f) EFFECTIVE DATE.—The amendments made by
20
this section shall take effect as of January 1, 2021, and
21
shall apply to payments for months beginning on or after
22
that date.
23
Æ
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