Retired Pay Restoration Act

II 118TH CONGRESS 1ST SESSION S. 1515 To amend title 10, United States Code, to permit retired members of the uniformed services 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, and for other purposes. IN THE SENATE OF THE UNITED STATES MAY 10, 2023 Mr. TESTER (for himself, Ms. MURKOWSKI, Mr. BLUMENTHAL, Ms. CORTEZ MASTO, Mr. CRAMER, Ms. HIRONO, Mr. MERKLEY, Mrs. MURRAY, Ms. ROSEN, Mr. SANDERS, Mr. SCHUMER, Mrs. SHAHEEN, Ms. SINEMA, Mr. VAN HOLLEN, Ms. WARREN, Mr. WHITEHOUSE, Mr. WYDEN, Mr. MENENDEZ, Ms. KLOBUCHAR, Ms. BALDWIN, and Mr. BROWN) intro- duced the following bill; which was read twice and referred to the Com- mittee on Armed Services A BILL To amend title 10, United States Code, to permit retired members of the uniformed services 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, 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 06:07 May 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1515.IS S1515 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1515 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Retired Pay Restora- 2 tion Act’’. 3 SEC. 2. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY 4 AND VETERANS’ DISABILITY COMPENSATION 5 FOR MILITARY RETIREES WITH COMPEN- 6 SABLE SERVICE-CONNECTED DISABILITIES. 7 (a) IN GENERAL.—Subsection (a) of 1414 of title 10, 8 United States Code, is amended— 9 (1) in paragraph (1), by striking ‘‘Subject to 10 subsection (b)’’ and all that follows through ‘‘paid 11 both for that month’’ and inserting ‘‘A qualified re- 12 tiree is entitled to be paid both retired pay and vet- 13 erans’ disability compensation for a month’’; and 14 (2) by amending paragraph (2) to read as fol- 15 lows: 16 ‘‘(2) QUALIFIED RETIREES.—For purposes 17 of this section, a qualified retiree, with respect 18 to any month, is a member or former member 19 of the uniformed services who— 20 ‘‘(A) is entitled to retired pay (other 21 than by reason of section 12731b of this 22 title); and 23 ‘‘(B) is also entitled for that month to 24 veterans’ disability compensation.’’. 25 VerDate Sep 11 2014 06:07 May 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1515.IS S1515 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1515 IS (b) REPEAL OF REDUCTION IN RETIRED PAY.—Such 1 section is further amended by striking subsection (b). 2 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 3 (1) AMENDMENTS REFLECTING END OF CON- 4 CURRENT RECEIPT PHASE-IN PERIOD.—Such section 5 is further amended— 6 (A) in subsection (a)(1), by striking ‘‘Dur- 7 ing the period’’ and all that follows through 8 ‘‘unemployability.’’; 9 (B) by striking subsection (c); 10 (C) by redesignating subsections (d) and 11 (e) as subsections (b) and (c), respectively; and 12 (D) in subsection (c), as so redesignated, 13 by striking paragraphs (3) and (4). 14 (2) SECTION HEADING.—The heading of such 15 section is amended to read as follows: 16 ‘‘§ 1414. Members eligible for retired pay who are also 17 eligible for veterans’ disability compensa- 18 tion: concurrent payment of retired pay 19 and disability compensation’’. 20 (3) TABLE OF SECTIONS.—The item relating to 21 such section in the table of sections at the beginning 22 of chapter 71 of title 10, United States Code, is 23 amended to read as follows: 24 ‘‘1414. Members eligible for retired pay who are also eligible for veterans’ dis- ability compensation: concurrent payment of retired pay and disability compensation.’’. VerDate Sep 11 2014 06:07 May 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S1515.IS S1515 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1515 IS (4) CONFORMING AMENDMENT.—Section 1 1413a(f) of such title is amended by striking ‘‘Sub- 2 section (d)’’ and inserting ‘‘Subsection (b)’’. 3 (d) EFFECTIVE DATE.—The amendments made by 4 this section shall take effect on January 1, 2024, and shall 5 apply to payments for months beginning on or after that 6 date. 7 Æ VerDate Sep 11 2014 06:07 May 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1515.IS S1515 kjohnson on DSK79L0C42PROD with BILLS