To amend title 10, United States Code, to provide that certain individuals who would be eligible for military retired pay for nonregular service but for the fact that they did not serve on active duty during a period of conflict may nevertheless be paid such retired pay if they served in the United States merchant marine during or immediately after World War II or the Korean Conflict.

June 25, 2001

Mr. LANTOS (for himself, Ms. ESHOO, and Mr. MANZULLO) introduced the following bill; which was referred to the Committee on Armed Services

To amend title 10, United States Code, to provide that certain individuals who would be eligible for military retired pay for nonregular service but for the fact that they did not serve on active duty during a period of conflict may nevertheless be paid such retired pay if they served in the United States merchant marine during or immediately after World War II or the Korean Conflict.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. REMOVAL OF LIMITATION ON PAYMENT OF MILITARY RETIRED PAY FOR CERTAIN PERSONS WHO SERVED IN THE MERCHANT MARINE.

(a) REMOVAL OF LIMITATION- Section 12731(c)(1) of title 10, United States Code, is amended--

(1) by striking `or' at the end of subparagraph (A);

(2) by striking the period at the end of subparagraph (B) and inserting `; or'; and

(3) by adding at the end the following new subparagraph:

`(C) the person served in the United States merchant marine after May 26, 1940, and before January 1, 1948, or after June 26, 1950, and before February 1, 1955--

`(i) while documented by an officer or employee of the United States authorized by law to do so; and

`(ii) as a crew member of a vessel which at the time of that service--

`(I) was documented in the United States;

`(II) was operated under the flag of the United States in waters other than inland waters of the United States; and

`(III) was under contract or charter to, or was the property of, the Government of the United States.'.

(b) LUMP SUM PAYMENT OF ACCRUED RETIRED PAY- The Secretary concerned (as defined in section 101 of title 10, United States Code) shall, within 60 days after the date of the enactment of this Act, make a lump sum payment to each person eligible for military retired pay under chapter 1223 of title 10, United States Code, by reason of the amendments made by subsection (a). Such payment shall be in the amount equal to the total amount of retired pay that the person would have received before the date of the first payment to that person pursuant to those amendments if those amendments had been in effect on the date that the person became 60 years of age.

END