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The text of the bill below is as of May 10, 2023 (Introduced).
IN THE SENATE OF THE UNITED STATES
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 ) introduced the following bill; which was read twice and referred to the Committee on Armed Services
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.
This Act may be cited as the Retired Pay Restoration Act .
Eligibility for payment of both retired pay and veterans’ disability compensation for military retirees with compensable service-connected disabilities
Subsection (a) of 1414 of title 10, United States Code, is amended—
in paragraph (1), by striking Subject to subsection (b) and all that follows through paid both for that month and inserting A qualified retiree is entitled to be paid both retired pay and veterans’ disability compensation for a month ; and
by amending paragraph (2) to read as follows:
For purposes of this section, a qualified retiree, with respect to any month, is a member or former member of the uniformed services who—
is entitled to retired pay (other than by reason of section 12731b of this title); and
is also entitled for that month to veterans’ disability compensation.
Repeal of reduction in retired pay
Such section is further amended by striking subsection (b).
Technical and conforming amendments
Amendments reflecting end of concurrent receipt phase-in period
Such section is further amended—
in subsection (a)(1), by striking During the period and all that follows through unemployability. ;
by striking subsection (c);
by redesignating subsections (d) and (e) as subsections (b) and (c), respectively; and
in subsection (c), as so redesignated, by striking paragraphs (3) and (4).
The heading of such section is amended to read as follows:
Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent payment of retired pay and disability compensation
Table of sections
The item relating to such section in the table of sections at the beginning of chapter 71 of title 10, United States Code, 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.
Section 1413a(f) of such title is amended by striking Subsection (d) and inserting Subsection (b) .
The amendments made by this section shall take effect on January 1, 2024, and shall apply to payments for months beginning on or after that date.
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