IN THE SENATE OF THE UNITED STATES
February 22, 2021
Mr. Tester (for himself, Mr. Crapo, Mr. Hoeven, Mr. Peters, Mr. Risch, Mr. Wyden, Ms. Stabenow, Mr. Blunt, Ms. Warren, Mr. Van Hollen, Mr. Menendez, Mr. Markey, Ms. Sinema, Ms. Klobuchar, Ms. Hirono, Mr. Boozman, Mr. Coons, Mr. Leahy, Mr. Whitehouse, Mrs. Shaheen, Mr. Bennet, Ms. Cortez Masto, Mr. Blumenthal, Ms. Smith, Ms. Murkowski, Mr. Casey, Mr. Warner, Ms. Collins, Mr. Portman, Mr. Moran, Mr. Wicker, Mr. Manchin, Mrs. Gillibrand, Mr. Daines, Mrs. Murray, Mr. Rounds, Mrs. Capito, Mr. Cramer, Mr. Sanders, Mr. Barrasso, Mr. Merkley, Mr. Brown, Ms. Hassan, and Mr. Durbin) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
To amend title 10, United States Code, to provide for concurrent receipt of veterans’ disability compensation and retired pay for disability retirees with fewer than 20 years of service and a combat-related disability, and for other purposes.
This Act may be cited as the
Major Richard Star Act.
Eligibility of disability retirees with fewer than 20 years of service and a combat-related disability for concurrent receipt of veterans' disability compensation and retired pay
Concurrent receipt in connection with CSRC
Section 1413a(b)(3)(B) of title 10, United States Code, is amended by striking
creditable service, and all that follows and inserting the following: “creditable service—
the retired pay of the retiree is not subject to reduction under sections 5304 and 5305 of title 38; and
no monthly amount shall be paid the retiree under subsection (a).
Concurrent receipt generally
Section 1414(b)(2) of title 10, United States Code, is amended by striking
Subsection (a) and all that follows and inserting the following: “Subsection (a)—
applies to a member described in paragraph (1) of that subsection who is retired under chapter 61 of this title with less than 20 years of service otherwise creditable under chapter 1405 of this title, or with less than 20 years of service computed under section 12732 of this title, at the time of the member's retirement if the member has a combat-related disability (as that term is defined in section 1413a(e) of this title), except that in the application of subsection (a) to such a member, any reference in that subsection to a qualifying service-connected disability shall be deemed to be a reference to that combat-related disability; but
does not apply to any member so retired if the member does not have a combat-related disability.
Technical and conforming amendments
Amendments reflecting end of concurrent receipt phase-in period
Section 1414 of title 10, United States Code, is further amended—
in subsection (a)(1)—
by striking the second sentence; and
by striking subparagraphs (A) and (B);
by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
in subsection (d), as redesignated, by striking paragraphs (3) and (4).
The heading of such section 1414 is amended to read as follows:
Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt
Table of sections
The table of sections at the beginning of chapter 71 of such title is amended by striking the item relating to section 1414 and inserting the following new item:
1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.
Section 1413a(f) of such title is amended by striking
Subsection (d) and inserting
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.