Disabled Veterans Tax Termination Act - Amends federal military retired pay provisions to: (1) permit veterans with a service-connected disability of less than 50% to concurrently receive both retired pay and disability compensation; (2) eliminate provisions requiring a phase in between January 1, 2004, and December 31, 2013, of concurrent receipt of retired pay and disability compensation; (3) eliminate the four-year phase-in of concurrent receipt of retired pay and disability compensation for disabled veterans determined to be individually unemployable; and (4) require a limited reduction in retired pay for combat-related disability retirees with less than 20 years of retirement-creditable service.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 333 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 333
To amend title 10, United States Code, to permit retired members of the
Armed Forces who have a service-connected disability rated less than 50
percent to receive concurrent payment of both retired pay and veterans'
disability compensation, to eliminate the phase-in period for
concurrent receipt, to extend eligibility for concurrent receipt to
chapter 61 disability retirees with less than 20 years of service, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2009
Mr. Marshall (for himself, Mr. Johnson of Georgia, Mr. Barrow, Mr.
Westmoreland, Ms. Shea-Porter, Mr. Taylor, Mrs. Gillibrand, Mr.
Courtney, Mr. Moore of Kansas, Mr. Bishop of Georgia, Mr. Gohmert, Mr.
Boucher, Mr. Schiff, Mr. DeFazio, Mr. Brady of Pennsylvania, and Mr.
McIntyre) 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 permit retired members of the
Armed Forces who have a service-connected disability rated less than 50
percent to receive concurrent payment of both retired pay and veterans'
disability compensation, to eliminate the phase-in period for
concurrent receipt, to extend eligibility for concurrent receipt to
chapter 61 disability retirees with less than 20 years of service, and
for other purposes.
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 ``Disabled Veterans Tax Termination
Act''.
SEC. 2. CONCURRENT RECEIPT OF BOTH RETIRED PAY AND VETERANS' DISABILITY
COMPENSATION FOR MILITARY RETIREES WITH COMPENSABLE
SERVICE-CONNECTED DISABILITIES.
(a) Inclusion of 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'';
(2) by striking ``qualifying service-connected disability''
and inserting ``service-connected disability''; and
(3) 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).
(c) Inclusion of Disability Retirees With Less Than 20 Years of
Service.--Subsection (b) of such section is amended--
(1) in paragraph (1), by striking ``member retired'' and
inserting ``qualified retiree who is retired''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) Disability retirees with less than 20 years of
service.--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 2\1/2\ 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.''.
(d) Clerical Amendments.--
(1) Section heading.--The heading for such section 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.''.
(e) Conforming Amendment.--Section 1413a(f) of such title is
amended by striking ``Subsection (d)'' and inserting ``Subsection
(c)''.
(f) Effective Date.--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.
SEC. 3. COMBAT-RELATED SPECIAL COMPENSATION TECHNICAL CORRECTIONS
REGARDING AMOUNT OF MONTHLY PAYMENTS FOR CHAPTER 61
DISABILITY RETIREES.
(a) Technical Corrections.--Section 1413a(b)(3) of title 10, United
States Code, is amended--
(1) in subparagraph (A), by striking ``shall be reduced''
and all that follows through ``exceeds'' and inserting ``may
not, when combined with the amount of retired pay payable to
the retiree after any reduction under sections 5304 and 5305 of
title 38, cause the total of such combined payment to exceed'';
and
(2) in subparagraph (B), by striking ``shall be reduced''
and all that follows through ``exceeds'' and inserting ``may
not, when combined with the amount of retired pay payable to
the retiree after any reduction under sections 5304 and 5305 of
title 38, cause the total of such combined payment to exceed''.
(b) Effective Date.--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.
<all>
Introduced in House
Introduced in House
Referred to House Armed Services
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.
Referred to House Veterans' Affairs
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Referred to the Subcommittee on Military Personnel.
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