HR 1979
112th CONGRESS
1st Session
H. R. 1979
To amend title 10, United States Code, to expand eligibility for
concurrent receipt of military retired pay and veterans' disability compensation
to include additional chapter 61 disability retirees, to coordinate eligibility
for combat-related special compensation and concurrent receipt, to eliminate
the reduction of SBP survivor annuities by dependency and indemnity compensation,
and to enhance the ability of members of the reserve components who serve
on active duty or perform active service to receive credit for such service
in determining eligibility for early receipt of non-regular service retired
pay.\
IN THE HOUSE OF REPRESENTATIVES
May 25, 2011
Mr. ANDREWS 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 expand eligibility for
concurrent receipt of military retired pay and veterans' disability compensation
to include additional chapter 61 disability retirees, to coordinate eligibility
for combat-related special compensation and concurrent receipt, to eliminate
the reduction of SBP survivor annuities by dependency and indemnity compensation,
and to enhance the ability of members of the reserve components who serve
on active duty or perform active service to receive credit for such service
in determining eligibility for early receipt of non-regular service retired
pay.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. ELIGIBILITY FOR PAYMENT OF BOTH RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION FOR CERTAIN ADDITIONAL MILITARY RETIREES WITH COMPENSABLE SERVICE-CONNECTED
DISABILITIES.
(a) Extension of Concurrent Receipt Authority to Retirees With Service-Connected
Disabilities Rated Less Than 50 Percent- Subsection (a) of section 1414 of
title 10, United States Code, is amended--
(1) by striking `Compensation' in the subsection heading and all that follows
through `Subject' and inserting `Compensation- Subject'; and
(2) by striking paragraph (2).
(b) Repeal of Phase-In of Concurrent Receipt of Retired Pay and Veterans'
Disability Compensation- Such section is further amended--
(1) in subsection (a), as amended by subsection (a) of this section, by
striking the final sentence;
(2) by striking subsection (c) and redesignating subsections (d) and (e)
as subsections (c) and (d), respectively; and
(3) in subsection (d), as so redesignated, by striking paragraphs (3) and
(4).
(1) SECTION HEADING- The heading for section 1414 of such title is amended
to read as follows:
`Sec. 1414. Members eligible for retired pay who are also eligible for veterans'
disability compensation: concurrent payment of retired pay and disability
compensation'.
(2) TABLE OF SECTIONS- The item relating to such section in the table of
sections at the beginning of chapter 71 of such title is amended to read
as follows:
`1414. Members eligible for retired pay who are also eligible for veterans'
disability compensation: concurrent payment of retired pay and disability
compensation.'.
(d) Effective Date- The amendments made by this section shall take effect
as of January 1, 2012, and shall apply to payments for months beginning on
or after that date.
SEC. 2. COORDINATION OF SERVICE ELIGIBILITY FOR COMBAT-RELATED SPECIAL COMPENSATION
AND CONCURRENT RECEIPT.
(a) Eligibility for TERA Retirees- Subsection (c) of section 1413a of title
10, United States Code, is amended by striking `entitled to retired pay who--'
and all that follows through the end of paragraph (1) and inserting `who--
`(1) is entitled to retired pay, other than a member retired under chapter
61 of this title with less than 20 years of service creditable under section
1405 of this title and less than 20 years of service computed under section
12732 of this title; and'.
(b) Amendments To Standardize Similar Provisions-
(1) CLERICAL AND CONFORMING AMENDMENTS- Section 1413a of such title is further
amended--
(A) in the heading for paragraph (3) of subsection (b), by striking `RULES'
and inserting `RULE'; and
(B) in subsection (f), by striking `Subsection (d)' and inserting `Subsection
(c)'.
(2) SPECIFICATION OF QUALIFIED RETIREES FOR CONCURRENT RECEIPT PURPOSES-
Section 1414 of such title, as amended by section 3, is amended--
(i) by striking `a member or' and all that follows through `is entitled'
and inserting `an individual who is a qualified retiree for any month
is entitled'; and
(ii) by inserting `retired pay and veterans' disability compensation'
after `both'; and
(B) in subsection (d), by adding at the end the following new paragraph:
`(3) QUALIFIED RETIREE- The term `qualified retiree' means a member or former
member of the uniformed services who, with respect to any month--
`(A) is entitled to retired pay, other than in the case of a member retired
under chapter 61 of this title with less than 20 years of service creditable
under section 1405 of this title and less than 20 years of service computed
under section 12732 of this title; and
`(B) is entitled to veterans' disability compensation.'.
(3) STANDARDIZATION WITH CRSC RULE FOR CHAPTER 61 RETIREES- Subsection (b)
of section 1414 of such title is amended--
(A) by striking `Special Rules' in the subsection heading and all that
follows through `is subject to' and inserting `Special Rule for Chapter
61 Disability Retirees- In the case of a qualified retiree who is retired
under chapter 61 of this title, the retired pay of the member is subject
to'; and
(B) by striking paragraph (2).
(c) Effective Date- The amendments made by this section shall take effect
as of January 1, 2012, and shall apply to payments for months beginning on
or after that date.
SEC. 3. REPEAL OF REQUIREMENT OF REDUCTION OF SBP SURVIVOR ANNUITIES BY
DEPENDENCY AND INDEMNITY COMPENSATION.
(1) REPEAL- Subchapter II of chapter 73 of title 10, United States Code,
is amended as follows:
(A) In section 1450, by striking subsection (c).
(i) by striking paragraph (2); and
(ii) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
respectively.
(2) CONFORMING AMENDMENTS- Such subchapter is further amended as follows:
(i) by striking subsection (e); and
(ii) by striking subsection (k).
(B) In section 1451(g)(1), by striking subparagraph (C).
(i) in subsection (f)(2), by striking `does not apply--' and all that
follows and inserting `does not apply in the case of a deduction made
through administrative error.'; and
(ii) by striking subsection (g).
(D) In section 1455(c), by striking `, 1450(k)(2),'.
(b) Prohibition on Retroactive Benefits- No benefits may be paid to any person
for any period before the effective date provided under subsection (f) by
reason of the amendments made by subsection (a).
(c) Prohibition on Recoupment of Certain Amounts Previously Refunded to SBP
Recipients- A surviving spouse who is or has been in receipt of an annuity
under the Survivor Benefit Plan under subchapter II of chapter 73 of title
10, United States Code, that is in effect before the effective date provided
under subsection (f) and that is adjusted by reason of the amendments made
by subsection (a) and who has received a refund of retired pay under section
1450(e) of title 10, United States Code, shall not be required to repay such
refund to the United States.
(d) Repeal of Authority for Optional Annuity for Dependent Children- Section
1448(d)(2) of such title is amended--
(1) by striking `DEPENDENT CHILDREN- ' and all that follows through `In
the case of a member described in paragraph (1),' and inserting `DEPENDENT
CHILDREN- In the case of a member described in paragraph (1),'; and
(2) by striking subparagraph (B).
(e) Restoration of Eligibility for Previously Eligible Spouses- The Secretary
of the military department concerned shall restore annuity eligibility to
any eligible surviving spouse who, in consultation with the Secretary, previously
elected to transfer payment of such annuity to a surviving child or children
under the provisions of section 1448(d)(2)(B) of title 10, United States Code,
as in effect on the day before the effective date provided under subsection
(f). Such eligibility shall be restored whether or not payment to such child
or children subsequently was terminated due to loss of dependent status or
death. For the purposes of this subsection, an eligible spouse includes a
spouse who was previously eligible for payment of such annuity and is not
remarried, or remarried after having attained age 55, or whose second or subsequent
marriage has been terminated by death, divorce or annulment.
(f) Effective Date- This section and the amendments made by this section shall
take effect on the later of--
(2) the first day of the first month that begins after the date of the enactment
of this Act.
SEC. 4. ELIMINATION OF FISCAL YEAR LIMITATION IN CONSIDERING ACTIVE DUTY
AND ACTIVE SERVICE FOR EARLY ELIGIBILITY FOR RECEIPT OF NON-REGULAR SERVICE
RETIRED PAY.
(a) Consideration of 90-Day Periods of Service- Section 12731(f)(2)(A) of
title 10, United States Code, is amended by striking `below 60 years of age
by three months for each aggregate of 90 days on which such person so performs
in any fiscal year after such date, subject to subparagraph (C)' and inserting
`, subject to subparagraph (C), below 60 years of age by three months for
each aggregate of 90 days on which such person serves on such active duty
or performs such active service after such date'.
(b) Retroactive Effective Date- The amendment made by subsection (a) shall
take effect as of January 28, 2008, and as if included in the National Defense
Authorization Act for Fiscal Year 2008 (Public Law 110-181) as enacted.
END
