Sec. 408. Concurrent receipt of both retired pay and veterans’ disability compensation for military retirees with compensable service-connected disabilities
337 words·~2 min read·
/bill/114/hr/6062/ih/section-408·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subsection
(a)of section 1414 of title 10, United States Code, is amended— by striking in the subsection heading and all that follows through Compensation Subject and inserting ; Compensation .—Subject by striking qualifying service-connected disability and inserting service-connected disability ; and by striking paragraph (2). Subsection
(b)of such section is amended— in paragraph (1), by striking member retired and inserting qualified retiree who is retired ; and by striking paragraph
(2)and inserting the following new paragraph: The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service is subject to reduction under sections 5304 and 5305 of title 38, but only by the amount (if any) by which the amount of the member’s retired pay under such chapter exceeds the amount equal to 2½ percent of the member’s years of creditable service multiplied by the member’s retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member. . Such section is further amended— in subsection (a), as amended by subsection
(a)of this section, by striking the final sentence; by striking subsection
(c)and redesignating subsections
(d)and
(e)as subsections
(c)and (d), respectively; and in subsection (d), as so redesignated, by striking paragraphs
(3)and (4). The heading for such section is amended to read as follows: . 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. . Section 1413a(f) of such title is amended by striking Subsection
(d)and inserting Subsection
(c). The amendments made by this section shall take effect on the first day of the first month beginning after the date of the enactment of this Act and shall apply to payments for months beginning on or after that date.