Let's End Inequity to Disabled Vets!

US Senate | Current, Pending | US Senate

[advocate10]

Retired Pay Restoration Act of 2001 (Introduced in Senate)

 

S 170 IS

 

107th CONGRESS

 

1st Session

 

S. 170
To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive both military retired pay by reason of their years of military service and disability compensation from the Department of Veterans Affairs for their disability.

 

IN THE SENATE OF THE UNITED STATES

 

January 24, 2001
Mr. REID (for himself, Mr. HUTCHINSON, Ms. LANDRIEU, Mr. DORGAN, Mr. CONRAD, Mr. JOHNSON, Mr. MCCAIN, Mr. BINGAMAN, Mr. INOUYE, Mr. SHELBY, Ms. SNOWE, and Mr. DASCHLE) introduced the following bill; which was read twice and referred to the Committee on Armed Services

 

 

 

--------------------------------------------------------------------------------

 

A BILL
To amend title 10, United States Code, to permit retired members of the Armed Forces who have a service-connected disability to receive both military retired pay by reason of their years of military service and disability compensation from the Department of Veterans Affairs for their disability.

 

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 `Retired Pay Restoration Act of 2001'.

 

SEC. 2. PAYMENT OF RETIRED PAY AND COMPENSATION TO DISABLED MILITARY RETIREES.

 

(a) RESTORATION OF RETIRED PAY BENEFITS- Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section:

 

`Sec. 1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans' disability compensation

 

`(a) PAYMENT OF BOTH RETIRED PAY AND COMPENSATION- Except as provided in subsection (b), a member or former member of the uniformed services who is entitled to retired pay (other than as specified in subsection (c)) and who is also entitled to veterans' disability compensation is entitled to be paid both without regard to sections 5304 and 5305 of title 38.

 

`(b) SPECIAL RULE FOR CHAPTER 61 CAREER RETIREES- The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under section 1405 of this title at the time of the member's retirement is subject to reduction under sections 5304 and 5305 of title 38, but only to the extent that the amount of the member's retired pay under chapter 61 of this title exceeds the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member's service in the uniformed services if the member had not been retired under chapter 61 of this title.

 

`(c) EXCEPTION- Subsection (a) does not apply to a member retired under chapter 61 of this title with less than 20 years of service otherwise creditable under section 1405 of this title at the time of the member's retirement.

 

`(d) DEFINITIONS- In this section:

 

`(1) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension.

 

`(2) The term `veterans' disability compensation' has the meaning given the term `compensation' in section 101(13) of title 38.'.

 

(b) REPEAL OF SPECIAL COMPENSATION PROGRAM- Section 1413 of such title is repealed.

 

(c) CLERICAL AMENDMENTS- The table of sections at the beginning of such chapter is amended--

 

(1) by striking the item relating to section 1413; and

 

(2) by adding at the end the following new item:

 

`1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans' disability compensation.'.

 

SEC. 3. EFFECTIVE DATE; PROHIBITION ON RETROACTIVE BENEFITS.

 

(a) IN GENERAL- The amendments made by this Act shall take effect on--

 

(1) the first day of the first month that begins after the date of the enactment of this Act; or

 

(2) the first day of the fiscal year that begins in the calendar year in which this Act is enacted, if later than the date specified in paragraph (1).

 

(b) RETROACTIVE BENEFITS- No benefits may be paid to any person by reason of section 1414 of title 10, United States Code, as added by the amendment made by section 2(a), for any period before the effective date specified in subsection (a).

 

 

[advocate10]

A 19th Century law presently provides a dollar for dollar offset of military retirement pay for retirees receiving veteran's disability benifits! We need to end this enequity! Contact your congress/senate critter!

[advocate10]

Ping!

[advocate10]

C'mon, folks! Don't you care?

[Ciexyz]

Sounds good to me.

[USNA74]

The really sick thing about this inequity is if a military guy spends 5 years in the Service and suffered service-connected disability, then goes to work elsewhere in the Federal Government for their 20 years earning retirement, then they get their full retirement pay and their full disability compensation. If you spend all 20 years in the military, then you have to give up your retirement pay dollar for dollar for any disability compensation. That's just ridiculous.

[elbucko]

The history of this country and its treatment of disabled veterans is abysmal. I am not a disabled vet, but a vet nonetheless and have seen the needs of my brothers in arms.

Veterans don't have a right or entitlement to the passage of the above bill because rights and entitlements are ment to absolve those who put them in harms way. Do disabled veterans deserve the passage of this bill? They most certainly do!

[Vermont Lt]

Just so us simple folks can get this clear...

If I am injured in the service, say at 50% disability ( I lose an arm), I will get the 50% disability. However if I lose the arm, and go to work at the Department of State for 20 years I get my pension, plus the 50%--thus getting 150%.

If I stay with the Army, working at a deskjob, and I retire, I get 100%--because you take the disabilty out of the pension?

And if I go into the public sector, I work for 20 years--I get disability, Social Security, my pension, and my worthless enron stock....?

Is that a correct assessment. I'm not trying to make an opinion, just to understand the situation.

[USNA74]

As to the basic employment situation you described, yes, that's the way I understand it works. For the military career person, the disability compensation reduces the retirement pay dollar for dollar.

However, one small thing -- a 50% disability rating does not mean you'll receive disability compensation in an amount equal to 50% of your retirement pay (retirement pay being 50% of base pay at 20 yrs, increasing by 2.5% per year up to 30 yrs) base pay at retirement. For example, I have a 20% disability rating and for that I get an amount that is substantially less than 20% of my retirement pay.

[oyez]

I was retired from the Navy because of a service connected disability (53%), so the Navy paid me $ X/mo. for retirement. Later on the the VA comes along and offers me a disability payment of $ Y/mo.(which is greater than X, but the differenceof X must deducted from Y so the payment do not excede Y. If this bill passes do I get X plus Y?

[USNA74]

Try going to the following website to learn the complete details behind the House and Senate versions of this bill, which have significant differences, and the Levin amendment to the Senate bill that will be introduced likely tomorrow:

http://www.troa.org/Legislative/WeeklyUpdate.asp

[hetzman]

Full funding for Concurrent Receipt for retired disabled vets is figured to cost about 1.5 billion a year. That's what congress says. The truth is that military retired pay is already added to the Defense Budget each year. So in reality the cost would be nothing except to pay for something else that they are currently spending the retired pay for.

Retired Navy Lt. Commander Daniel Pettigrew said "The military retirement fund paid out $34 billion in the year 2000," ( his information from public documents obtained from the Treasury Department). "The securities and investments held by the retirement fund at the end of just that fiscal year totaled $156.9 billion. But they don't have money for us."

Congress is funding all sorts of pork projects, while making excuses for not funding CONCURRENT RECEIPT for Retired Disabled Vets..

An article on Crosswalk.com By Cal Thomas said "At the end of last year, Congress didn’t ask voters and it is debatable whether they deserve a raise, but they accepted a $4,900 pay hike in January. A few principled members tried to block it, but they were thwarted by a midnight vote in the Senate. So, the 3.4 percent pay increase – to $150,000 for all 535 members, took take place in January in spite of a public outcry. The March of 2001 year before, two months after accepting a raise to an exorbitant $145,100 a year, House representatives were working behind the scenes in a media blackout, to enact a "per diem" expense allowance of $165 per working day. With about 151 legislative days per year, the raise would amount to a $25,000-a-year, tax-exempt pay hike.

Congressional payraises for the past 103 years have been taken on the backs of retired/disabled veterans, who have to pay back dollar for dollar from their pensions for the disability payments given to them for their wounds, injuries and sickness suffered while on active duty in the armed services.

Using the excuse of double dipping (which it isn't) Congress (the House and Senate) continues to gobble up the hard earned money of 20 year military retirees who aren't able to earn a decent living because of disabilities sustained keeping America free.

Retiree pensions are earned for 20 years or more of active duty, disability compensation is a payment from a grateful nation to the vets who sacrificed themselves (their health and bodies) to defend the nation. It is nothing but criminal what these Clowns in Washington have done to retired/disabled vets.

Yet when our Senators/Congressmen retire no matter how long they have been in office, they continue to draw their same pay until they die, except it may be increased from time to time by the cost of living adjustments.

Every other Federal employee from the President on down receives a pension when retired and also disability payments if disabled on the job.

This year (2002 Defense Bill) Concurrent Receipt is included. The catch is that they (the bastards) conveniently forgot to fund it.

Active duty military received a 5-10% base pay increase starting 1 January 2002, they deserve it and more. However, the disabled/retired veteran still gets the shaft.

Please don't forget to contact your Congressman, and Bush

[advocate10]

The bill only applies to service members who retire after 20+ years and are also receiving VA disability compensation.

Currently, a GI who is 100% disabled after 6 years of service gets the same compensation as a 20+ year retiree with 100% disability. It's as if the second guy never put in his 20+ years. That's what the bill aims to correct.

[advocate10]

The full Senate takes up the bill tomorrow. There are 83 co-sponsers, so the bill will probably pass.

However, this has happened before. Then, when the Senate/House committee meets to iron out the differences, the matter of "concurrent receipt gets amended away!

Shameful. Contact your congress critter and get this screw job fixed this time!

[cynicom]

I do not know current regs but when I retired from civil service, it was one or the other, compensation or civil service pension.

[cynicom]

hetzman

I draw compensation from civil service, pension is not allowed.

[DakotaGator]

Good post. Looks as if everyone responding is supportive of concurrent receipt.

One thing I think should be made painfully clear to everyone; Retired pay and Disability compensation are two completely separate items!

Retired pay is earned by fulfilling a certain term of service (usually 20 or more years). It is remitted to the retiree by the Department of Defense. Disability compensation is awarded by virtue of the service-member (including retirees) suffering permanent physical loss while in service to his country. The disability rating (expressed as a percentage) and compensation levels are determined by the Department of Veterans Affairs.

Retirement pay is an earned reward for performance. Disability pay is an awarded compensation for physical loss.

Congress and Congress alone is to blame for linking these separate items. They did so by forcing disabled service retirees to forego either a portion of their retired pay or disabilty pay. This is a particularly disgusting way to treat service-members who dedicated their lives to their country and were injured while doing so!

For the first time in over a hundred years Congress is poised to correct this injustice. I urge all Freepers to pressure their Congressmen (yes, that's both Representatives and Senators) for an immediate end to the prohibition on concurrent receipt.

[advocate10]

Ping!

[PISANO]

No..........this bill is for 60% and above rated personnel. You and I will NOT get the benefit of this bill nor will anyone below 60% disabled.

[oyez]

I noticed. Win some loose some I guess.

[DakotaGator]

Ahhh...but there's more!

Senator Carl Levin (D-MI) is offering an amendment to fully eliminate the VA disability compensation offset to military retired pay for all disabled retirees with 20 or more years of service. This would be effective 01 October 2002.

Senator Levin is the Chairman of the Senate Armed Services Committee (SASC) and is offering the ammendment on behalf of the whole SASC!

Now the devil is in the details. In this case, the details are ensuring that not only the ammendment is included in the Senate Bill, but that the bill passes and full concurrent receipt survives during the House/Senate negotiations.

So make sure you lean heavily on your Representatives and Senators. This is a "one-shot" chance!