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Bill
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Medical Retiree Pay Restoration Act

H.R. 5060 · 116th Congress · Nov 13, 2019 · Lineage

A BILL

To amend title 10, United States Code, to extend eligibility for concurrent payment of both retired pay and veterans’ disability compensation to chapter 61 disability retirees with less than 20 years of service who are not eligible for combat-related special compensation, and for other purposes.

Section 1 Short title

This Act may be cited as the “Medical Retiree Pay Restoration Act”.

Sec. 2 Concurrent receipt of both retired pay and veterans’ disability compensation for chapter 61 disability retirees with less than 20 years of service who are not eligible for combat-related special compensation

(a)
Inclusion of disability retirees with less than 20 years of service who are not eligible for combat-related special compensation— Section 1414(b) of title 10, United States Code, 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 and who are not eligible for combat-related special compensation—The retired pay of a qualified retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, and who is not an eligible combat-related disabled uniformed services retiree under section 1413a of this title, is not subject to reduction under sections 5304 and 5305 of title 38.”

(b)
Conforming amendments reflecting end of concurrent receipt phase-In period— Section 1414 of title 10, United States Code, is further amended—
(1)
in subsection (a)(1), by striking “During the period beginning on January 1, 2004, and ending on December 31, 2013,” and all that follows through the end of the paragraph;
(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)
Conforming amendment reflecting subsection redesignation— Section 1413a(f) of title 10, United States Code, is amended by striking “Subsection (d)” and inserting “Subsection (c)”.
(d)
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.