US Codex
Bill
Notes

To amend title 10, United States Code, to exempt the retired pay of certain disabled veterans from the reduced adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62, to prevent any adverse impact of the reduced adjustment on annuities under the Survivor Benefit Plan based on retired or retainer pay, and for other purposes.

H.R. 3789 · 113th Congress · Dec 19, 2013 · Lineage

A BILL

Section 1 Exemptions from reduced adjustment of retired pay and retainer pay amounts for retired members of the Armed Forces under age 62

(a)
Exemption of certain disabled veterans— Section 1401a(b)(4) of title 10, United States Code, as added by section 403 of the Bipartisan Budget Act of 2013, is amended—
(1)
in subparagraph (A), by inserting “except as provided in subparagraph (F),” after “each year,”; and
(2)
by adding at the end the following subparagraph:

“(F) Exception for service-disabled veterans—Subparagraph (A) shall not apply to the retired pay of any member or former member who—

“(i) is retired under section 1201 of this title;

“(ii) is eligible for combat-related special compensation under section 1413a of this title; or

“(iii) is entitled to concurrent payment of retired pay and veterans’ disability compensation under section 1414 of this title.”

(b)
Exemption for adjustments to annuities under Survivor Benefit Plan based on retired or retainer pay— Section 1451(g)(1)(B) of title 10, United States Code, is amended by adding at the end the following new sentence: “Section 1401a(b)(4) of this title shall not apply in determining the percentage of the increase to be made under this subparagraph.”.
(c)
Effective date— The amendments made by this section shall take effect immediately after the amendments made to section 1401a of title 10, United States Code, by the Bipartisan Budget Act of 2013 take effect.