H.R. 2990 (111th): Disabled Military Retiree Relief Act of 2009

Introduced:
Jun 23, 2009 (111th Congress, 2009–2010)
Sponsor:
Rep. Ike Skelton [D-MO4]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

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Status

This bill was introduced in a previous session of Congress and was passed by the House on June 24, 2009 but was never passed by the Senate.

Progress
Introduced Jun 23, 2009
Passed House Jun 24, 2009
Votes

House Vote on Passage
Jun 24, 2009 3:18 p.m.
Passed 404/0

Cosponsors
25 cosponsors (22D, 3R) (show)
Committees

House Armed Services

House Natural Resources

House Oversight and Government Reform

House Veterans' Affairs

The committee chair determines whether a bill will move past the committee stage.

Full Title

To provide special pays and allowances to certain members of the Armed Forces, expand concurrent receipt of military retirement and VA disability benefits to disabled military retirees, and for other purposes.

Summary

No summaries available.

Text

Read Bill Text »

Last updated Jun 23, 2009.
56 pages

Primary Source

View on THOMAS (The Library of Congress)

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Citation

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GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

6/24/2009--Passed House without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Disabled Military Retiree Relief Act of 2009 -
Title I - Compensation and Benefits for Members of the Armed Forces and Military Retirees
Subtitle A - Bonuses and Special and Incentive Pays
Section 101 -
Extends through 2010 specified authorities currently scheduled to expire at the end of 2009 with respect to certain special pay and bonus programs within the regular and reserve Armed Forces.
Subtitle B - Retired Pay Benefits
Section 111 -
Provides for the recomputation of retired pay and adjustment of the retired grade of reserve retirees recalled to an active status in the Selected Reserve for at least two years. Authorizes the Secretary of the military department concerned to reduce the two-year service requirement for a member so recalled to serve as an adjutant or assistant adjutant general in the National Guard when the member serves for at least six months but fails to serve for two years as required by the laws of the state, district, or territory in which the member is serving.
Section 112 -
Allows members who serve in an active reserve status in the Selected Reserve for at least two years after becoming eligible for active-duty (regular) retirement to elect a non-regular retirement for which they are qualified in lieu of the active-duty retirement. Authorizes the Secretary concerned to reduce the two-year service requirement for a member so recalled to serve as an adjutant or assistant adjutant general in the National Guard when the member serves for at least six months but fails to serve for two years as required by the laws of the state, district, or territory in which the member is serving.
Subtitle C - Concurrent Receipt of Military Retired Pay and Veterans' Disability Compensation
Section 121 -
Extends through 2013 eligibility for the concurrent receipt of military retired pay and veterans' disability compensation for veterans who were retired or separated due to physical disability, regardless of their disability rating or years of service.
Title II - Federal Employee Benefits
Subtitle A - General Provisions
Section 201 -
Provides, with respect to federal employees, credit for unused sick leave for annuity computation purposes.
Section 202 -
Extends to federal employees who separated before March 1, 1991, (under current law, October 1, 1990) eligibility to receive an actuarially-reduced annuity under the Civil Service Retirement System (CSRS).
Section 203 -
Revises the computation of certain annuities based on part-time service performed before April 7, 1986.
Section 204 -
Allows federal employees under the Federal Employee Retirement System (FERS) to deposit retirement refunds received, with interest.
Section 205 -
Provides limited federal retirement credit for service in the District of Columbia (D.C.) of certain employees who transferred to federal government service after the D.C. service, but prohibits any D.C. service from being included in the federal annuity computation. Outlines the types of D.C. service that will qualify for the federal retirement credit. Requires certification of performance of the qualifying service.
Subtitle B - Non-Foreign Area Retirement Equity Assurance
Non-Foreign Area Retirement Equity Assurance Act of 2009 or Non-Foreign AREA Act of 2009 -
Section 212 -
Revises federal employee locality-based comparability payments provisions to include U.S. territories and possessions, including the Commonwealth of Puerto Rico and the Commonwealth of the Northern Mariana Islands, within a pay locality. Sets forth maximum rates of pay for Senior Executive Service (SES) personnel in such areas. Revises the calculation of allowances based on living costs and conditions of environment for pay of employees stationed outside the continental United States or in Alaska to apply it only to areas designated as of December 31, 2009. Provides a formula for adjustment of such rate using a transition schedule for calendar years 2010 and thereafter.
Section 213 -
Requires adjustment of special rates of pay determined to be necessary to obtain or retain the services of persons specified by statute in such a cost-of-living area in accordance with regulations to be prescribed by the Director of the Office of Personnel Management (OPM) under this Act.
Section 214 -
Provides a phased transition schedule for the amount of special rates during the transition period of January 1, 2010, to January 1, 2012, allowing the full amount thereafter.
Section 215 -
Expresses the sense of the Congress with respect to the correction of pay disparities for federal positions located in Alaska, Hawaii, or a U.S. territory and sets forth savings provisions.
Section 216 -
Applies the non-foreign area pay adjustment provisions of this
Subtitle to certain other federal employees, including employees of the Transportation Security Administration (TSA) of the Department of Homeland Security (DHS) and postal employees. (Sec. 217) Allows an employee subject to this Act's transition schedule who retires from service during the period from January 1, 2010, through December 31, 2012, to elect to have any COLA paid during that period considered as basic pay for purposes of annuity computation. Provides for appropriate contributions into the Civil Service Retirement and Disability Retirement Fund. Title III - Deepwater Oil and Gas Research and Development Funding Source Repeal
Section 301 -
Amends the Energy Policy Act of 2005 to repeal provisions: (1) requiring the deposit of certain funds received from oil and gas leases into the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund; and (2) establishing the Fund.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

This summary can be found at http://www.gop.gov/bill/111/1/hr2990.

Background

This legislation seeks to expand the number of military "Chapter 61" retirees-a reference to the section of the U.S. Code covering the military disability retirement plan-that would be allowed to receive their full military retired pay plus veterans' disability compensation. This is a change from current law in which retirement pay is typically reduced dollar-for-dollar by any amount received in disability compensation.

Summary

Retired Pay Benefits:  H.R. 2990 would adjust retired military pay and grade for reserve members who are recalled to active status and who complete at least two years of service in active status.  These adjustments would be retroactive to January 1, 2008.

The bill would also expand for nine months (January through September 2010) the eligibility for concurrent receipt of both military retired pay and veterans' disability compensation for all Chapter 61 disability retirees, regardless of their disability rating or years of service.

Compensation and Benefits for Service Members:  H.R. 2990 would extend for one year certain bonus and special pay authorities for reserve forces, health care professionals serving in the Selected Reserve, as well as nuclear officers.  Additionally, the bill would extend for one year certain authorities for special pay, incentive pay and bonuses for military personnel.  This includes hazardous duty pay, reenlistment bonuses, referral bonuses, skill incentive pay, and retention incentives for service members assigned to high priority units.

Federal Employee Benefits:  H.R. 2990 would provide that federal employees receive credit for unused sick leave when determining annuity if they have not been paid for those days.  The bill also enables federal employees to deposit refunds of retirement deductions with interest under the Federal Employees Retirement System (FERS).  Additionally, certain District of Columbia employees who transfer to federal employment would be eligible for federal retirement credit.

Oil and Gas Funding Source Repeal:  The bill would amend the Ultra-Deepwater and Unconventional Natural Gas and Other Petroleum Research Fund created by the Energy Policy Act of 2005.  This fund currently is made up of federal royalties, rents, and bonuses derived from federal onshore and offshore oil and gas leases issued under the Outer Continental Shelf Lands Act and the Mineral Leasing Act.  H.R. 2990 would redirect these funds to offset the compensation and benefits provided under the bill.

 

Cost

The Congressional Budget Office (CBO) has not yet produced a cost estimate for H.R. 2990.

House Democratic Caucus Summary

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So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

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The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 122 Stat. 3526
  • 122 Stat. 4495

Other Citations

  • 5 U.S.C. Chapter 84
  • 37 U.S.C. Chapter 5