110th CONGRESS
1st Session
H. R. 737
To correct an inequity in eligibility for military retired pay
based on nonregular service in the case of certain members of the reserve
components completing their reserve service before 1966.
IN THE HOUSE OF REPRESENTATIVES
January 30, 2007
Mr. SCOTT of Virginia (for himself, Mr. BISHOP of Georgia, Mr. CARNEY,
Mr. CLEAVER, Mr. GRIJALVA, Mr. LYNCH, Mrs. MALONEY of New York, and Mr.
PAYNE) introduced the following bill; which was referred to the Committee
on Armed Services
A BILL
To correct an inequity in eligibility for military retired pay
based on nonregular service in the case of certain members of the reserve
components completing their reserve service before 1966.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Forgotten Veteran's Retirement Compensation
Act'.
SEC. 2. RETIRED PAY ELIGIBILITY TO CORRECT ADMINISTRATIVE ERRORS.
(a) Eligibility- The provisions of section 12738 of title 10, United States
Code, shall apply to the determination of eligibility for nonregular-service
retired pay of a person in a case in which the Secretary concerned, before
October 14, 1966, notified the person that such person had completed the
years of service required for eligibility for such retired pay in the same
manner as those provisions apply to a such a notification made after that
date.
(b) Back Payments- In any case in which the Secretary concerned determines,
pursuant to subsection (a), that a person not otherwise entitled to nonregular-service
retired pay is (or, in the case of a deceased person, would have been) entitled
to such retired pay due to the application to that person of the provisions
of section 12738(a) of title 10, United States Code, the Secretary shall
determine as a lump sum the amount of retired pay that would have been paid
to that person for the period before the date of the enactment of this Act
and shall promptly pay such lump sum to such person or, if the person is
deceased, to such person's eligible survivors, as determined in accordance
with section 1477 of such title.
(c) Surviving Spouses and Dependent Children- In the case of a person described
in subsection (b) who on the date of the enactment of this Act is deceased
and who has a surviving spouse or a surviving dependent child, such deceased
person shall be considered for all purposes relating to programs and activities
of the Department of Defense, including the Survivor Benefit Plan under
subchapter II of chapter 73 of title 10, United States Code, to have been
entitled to nonregular-service retired pay at the time of death. For purposes
of computation of an annuity under such subchapter, the base amount applicable
to such annuity shall be considered to be the amount of retired pay to which
the deceased person would have been entitled on the date of death if the
provisions of subsection (a) had been in effect before such person's death.
(d) Definitions- In this section:
(1) SECRETARY CONCERNED- The term `Secretary concerned' has the meaning
given that term in section 101(a)(9) of title 10, United States Code.
(2) NONREGULAR-SERVICE RETIRED PAY- The term `nonregular-service retired
pay' means retired pay under chapter 1223 of title 10, United States Code
(or any predecessor provision of law).
(3) DEPENDENT CHILD- The term `dependent child' has the meaning given
that term in section 1447(11) of title 10, United States Code.
END
