Subtitle D Retired Pay

Transcription

1 F:\RWC\ASCR0\CONRCPT.0 In lieu of section of the House bill and section of the Senate amendment, insert the following in the conference report: Subtitle D Retired Pay Sec.. Phase-in of full concurrent receipt of military retired pay and veterans disability compensation for certain military retirees. Sec.. Revisions to combat-related special compensation program. SEC.. PHASE-IN OF FULL CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS DIS- ABILITY COMPENSATION FOR CERTAIN MILI- TARY RETIREES. (a) CONCURRENT RECEIPT. Section of title, United States Code, is amended to read as follows:. Members eligible for retired pay who are also eligible for veterans disability compensation for disabilities rated 0 percent or higher: concurrent payment of retired pay and veterans disability compensation (a) PAYMENT OF BOTH RETIRED PAY AND COM- PENSATION. () IN GENERAL. Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans disability F:\V\00\00. October, 00 (: PM)

2 F:\RWC\ASCR0\CONRCPT.0 0 compensation for a qualifying service-connected disability (hereinafter in this section referred to as a qualified retiree ) is entitled to be paid both for that month without regard to sections 0 and 0 of title. During the period beginning on January, 00, and ending on December, 0, payment of retired pay to such a qualified retiree is subject to subsection (c). () QUALIFYING SERVICE-CONNECTED DIS- ABILITY. In this section, the term qualifying service-connected disability means a service-connected disability or combination of service-connected disabilities that is rated as not less than 0 percent disabling by the Secretary of Veterans Affairs. (b) SPECIAL RULES FOR CHAPTER DISABILITY RETIREES. () CAREER RETIREES. The retired pay of a member retired under chapter of this title with 0 years or more of service otherwise creditable under section 0 of this title, or at least 0 years of service computed under section of this title, at the time of the member s retirement is subject to reduction under sections 0 and 0 of title, but only to the extent that the amount of the member s retired pay under chapter of this F:\V\00\00. October, 00 (: PM)

3 F:\RWC\ASCR0\CONRCPT.0 0 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 of this title. () DISABILITY RETIREES WITH LESS THAN 0 YEARS OF SERVICE. Subsection (a) does not apply to a member retired under chapter of this title with less than 0 years of service otherwise creditable under section 0 of this title, or with less than 0 years of service computed under section of this title, at the time of the member s retirement. (c) PHASE-IN OF FULL CONCURRENT RECEIPT. During the period beginning on January, 00, and ending on December, 0, retired pay payable to a qualified retiree shall be determined as follows: () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the amount (if any) of retired pay in excess of the current baseline offset plus the following: (A) For a month for which the retiree receives veterans disability compensation for a disability rated as total, $0. F:\V\00\00. October, 00 (: PM)

4 F:\RWC\ASCR0\CONRCPT.0 0 (B) For a month for which the retiree receives veterans disability compensation for a disability rated as 0 percent, $00. (C) For a month for which the retiree receives veterans disability compensation for a disability rated as 0 percent, $0. (D) For a month for which the retiree receives veterans disability compensation for a disability rated as 0 percent, $0. (E) For a month for which the retiree receives veterans disability compensation for a disability rated as 0 percent, $. (F) For a month for which the retiree receives veterans disability compensation for a disability rated as 0 percent, $0. () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount specified in paragraph () for that qualified retiree; and (B) percent of the difference between (i) the current baseline offset, and (ii) the amount specified in paragraph () for that member s disability. F:\V\00\00. October, 00 (: PM)

5 F:\RWC\ASCR0\CONRCPT.0 0 () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the F:\V\00\00. October, 00 (: PM)

6 F:\RWC\ASCR0\CONRCPT.0 0 amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 00. For a month during 00, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 0. For a month during 0, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 0. For a month during 0, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and F:\V\00\00. October, 00 (: PM)

7 F:\RWC\ASCR0\CONRCPT.0 0 (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 0. For a month during 0, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () CALENDAR YEAR 0. For a month during 0, the amount of retired pay payable to a qualified retiree is the sum of (A) the amount determined under paragraph () for that qualified retiree; and (B) 0 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph () for that qualified retiree. () GENERAL LIMITATION. Retired pay determined under this subsection for a qualified retiree, if greater than the amount of retired pay oth- F:\V\00\00. October, 00 (: PM)

8 F:\RWC\ASCR0\CONRCPT.0 0 erwise applicable to that qualified retiree, shall be reduced to the amount of retired pay otherwise applicable to that qualified retiree. (d) COORDINATION WITH COMBAT-RELATED SPE- CIAL COMPENSATION PROGRAM. () IN GENERAL. A person who is a qualified retiree under this section and is also an eligible combat-related disabled uniformed services retiree under section a of this title may receive special compensation in accordance with that section or retired pay in accordance with this section, but not both. () ANNUAL OPEN SEASON. The Secretary concerned shall provide for an annual period (referred to as an open season ) during which a person described in paragraph () shall have the right to make an election to change from receipt of special compensation in accordance with section a of this title to receipt of retired pay in accordance with this section, or the reverse, as the case may be. Any such election shall be made under regulations prescribed by the Secretary concerned. Such regulations shall provide for the form and manner for making such an election and shall provide for the date as of when such an election shall become effective. In the case of the Secretary of a military department, such F:\V\00\00. October, 00 (: PM)

9 F:\RWC\ASCR0\CONRCPT.0 0 regulations shall be subject to approval by the Secretary of Defense. (e) DEFINITIONS. In this section: () RETIRED PAY. The term retired pay includes retainer pay, emergency officers retirement pay, and naval pension. () VETERANS DISABILITY COMPENSATION. The term veterans disability compensation has the meaning given the term compensation in section () of title. () DISABILITY RATED AS TOTAL. The term disability rated as total means (A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or (B) a disability, or combination of disabilities, for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for which veterans disability compensation may be paid. () CURRENT BASELINE OFFSET. F:\V\00\00. October, 00 (: PM)

10 F:\RWC\ASCR0\CONRCPT.0 (A) IN GENERAL. The term current 0 baseline offset for any qualified retiree means the amount for any month that is the lesser of (i) the amount of the applicable monthly retired pay of the qualified retiree for that month; and (ii) the amount of monthly veterans disability compensation to which the qualified retiree is entitled for that month. (B) APPLICABLE RETIRED PAY. In subparagraph (A), the term applicable retired pay for a qualified retiree means the amount of monthly retired pay to which the qualified retiree is entitled, determined without regard to this section or sections 0 and 0 of title, except that in the case of such a retiree who was retired under chapter of this title, such amount is 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 of this title.. F:\V\00\00. October, 00 (: PM)

11 F:\RWC\ASCR0\CONRCPT.0 TION (b) REPEAL OF SUPERCEDED SPECIAL COMPENSA- AUTHORITY. Section of title, United 0 States Code, is repealed. (c) SOURCE OF FUNDS FOR SPECIAL COMPENSATION AUTHORITIES FOR DEPARTMENT OF DEFENSE RETIR- EES. () Sections (g) and a(h) of title, United States Code, are each amended (A) by inserting before Payments under the following new sentence: Payments under this section for a member of the Army, Navy, Air Force, or Marine Corps shall be paid from the Department of Defense Military Retirement Fund. ; and (B) by inserting for any other member before for any fiscal year. () Section (a)() of such title is amended by inserting before the semicolon the following: and payments under section, a, or of this title paid to such members. () Section (b) of such title is amended by adding at the end the following new paragraph: () At the same time that the Secretary of Defense makes the determination required by paragraph () for any fiscal year, the Secretary shall determine the amount F:\V\00\00. October, 00 (: PM)

12 F:\RWC\ASCR0\CONRCPT.0 0 of the Treasury contribution to be made to the Fund for the next fiscal year under section (b)()(d) of this title. That amount shall be determined in the same manner as the determination under paragraph () of the total amount of Department of Defense contributions to be made to the Fund during that fiscal year under section (a) of this title, except that for purposes of this paragraph the Secretary, in making the calculations required by subparagraphs (A) and (B) of that paragraph, shall use the single level percentages determined under subsection (c)(), rather than those determined under subsection (c)().. () Section (c) of such title is amended (A) in paragraph () (i) in subparagraph (A), by inserting before the semicolon at the end the following:, to be determined without regard to section, a, or of this title ; (ii) in subparagraph (B), by inserting before the period at the end the following:, to be determined without regard to section, a, or of this title ; and F:\V\00\00. October, 00 (: PM)

13 F:\RWC\ASCR0\CONRCPT.0 0 (iii) in the sentence following subparagraph (B), by striking subsection (b) and inserting subsection (b)() ; (B) by redesignating paragraph () as paragraph (); and (C) by inserting after paragraph () the following new paragraph (): () Whenever the Secretary carries out an actuarial valuation under paragraph (), the Secretary shall include as part of such valuation the following: (A) A determination of a single level percentage determined in the same manner as applies under subparagraph (A) of paragraph (), but based only upon the provisions of sections, a, and of this title. (B) A determination of a single level percentage determined in the same manner as applies under subparagraph (B) of paragraph (), but based only upon the provisions of sections, a, and of this title. Such single level percentages shall be used for the purposes of subsection (b)().. () Section (b) of such title is amended (A) in paragraph (), by striking sections (a) and (c) and inserting sections F:\V\00\00. October, 00 (: PM)

14 F:\RWC\ASCR0\CONRCPT.0 0 (a), (b)(), (c)(), and (c)() ; and (B) by adding at the end of paragraph () the following new subparagraph: (D) The amount for that year determined by the Secretary of Defense under section (b)() of this title for the cost to the Fund arising from increased amounts payable from the Fund by reason of section, a, or of this title.. () The amendments made by this subsection shall take effect as of October, 00. The Secretary of Defense shall provide for such administrative adjustments as necessary to provide for payments made for any period during fiscal year 00 before the date of the enactment of this Act to be treated as having been made in accordance with such amendments and for the provisions of such amendments to be implemented as if enacted as of September 0, 00. (d) CLERICAL AMENDMENTS. The table of sections at the beginning of chapter of such title is amended () by striking the item relating to section ; and () by striking the item relating to section and inserting the following: F:\V\00\00. October, 00 (: PM)

15 F:\RWC\ASCR0\CONRCPT.0. Members eligible for retired pay who are also eligible for veterans disability compensation for disabilities rated 0 percent or higher: concurrent payment of retired pay and veterans disability compensation.. (e) EFFECTIVE DATE. The amendments made by subsections (a) and (b) shall take effect on January, 00, and shall apply to payments for months beginning on or after that date. SEC.. REVISIONS TO COMBAT-RELATED SPECIAL COM- PENSATION PROGRAM. (a) EXTENSION OF PROGRAM TO COMBAT-RELATED DISABILITIES RATED BELOW 0 PERCENT. () Subsection (e) of section a of title, United States Code, is amended to read as follows: (e) COMBAT-RELATED DISABILITY. In this sec- 0 tion, the term combat-related disability means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that () is attributable to an injury for which the member was awarded the Purple Heart; or () was incurred (as determined under criteria prescribed by the Secretary of Defense) (A) as a direct result of armed conflict; (B) while engaged in hazardous service; (C) in the performance of duty under conditions simulating war; or (D) through an instrumentality of war.. F:\V\00\00. October, 00 (: PM)

16 F:\RWC\ASCR0\CONRCPT.0 0 () Subsection (c)() of such section is amended by striking qualifying. (b) CLARIFICATION OF SERVICE REQUIRED FOR ELI- GIBILITY. Subsection (c)() of such section is amended by inserting before the semicolon the following: or is entitled to retired pay under section of this title (other than by reason of section b of this title). (c) CLARIFICATION OF DETERMINATION OF AMOUNT OF COMPENSATION. Subsection (b)() of such section is amended by striking for a and all that follows and inserting under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title for that month, determined without regard to any disability of the retiree that is not a combat-related disability.. (d) REVISED COORDINATION PROVISION. Sub- section (f) of such section is amended to read as follows: (f) COORDINATION WITH CONCURRENT RECEIPT PROVISION. Subsection (d) of section of this title provides for coordination between benefits under that section and under this section.. (e) CLERICAL AMENDMENTS. () The heading of such section is amended to read as follows: F:\V\00\00. October, 00 (: PM)

17 F:\RWC\ASCR0\CONRCPT.0 a. Combat-related special compensation. () The item relating to such section in the table of sections at the beginning of chapter of such title is amended to read as follows: a. Combat-related special compensation.. (f) EFFECTIVE DATE. The amendments made by subsections (a), (b), and (c) shall apply to payments under section a of title, United States Code, for months beginning on or after January, 00. The amendment made by subsection (d) shall take effect on January, 00. At the appropriate place in the conference report, insert the following: TITLE XV VETERANS DIS- ABILITY BENEFITS COMMIS- SION Sec.. Establishment of commission. Sec.. Duties of the commission. Sec.. Report. Sec.. Powers of the commission. Sec.. Personnel matters. Sec.. Termination of commission. Sec.. Funding. SEC.. ESTABLISHMENT OF COMMISSION. (a) ESTABLISHMENT OF COMMISSION. There is hereby established a commission to be known as the Vet- F:\V\00\00. October, 00 (: PM)

18 F:\RWC\ASCR0\CONRCPT.0 0 erans Disability Benefits Commission (hereinafter in this title referred to as the commission ). (b) MEMBERSHIP. () The commission shall be composed of members, appointed as follows: (A) Two members appointed by the Speaker of the House of Representatives, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (). (B) Two members appointed by the minority leader of the House of Representatives, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (). (C) Two members appointed by the majority leader of the Senate, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (). (D) Two members appointed by the minority leader of the Senate, at least one of whom shall be a veteran who was awarded a decoration specified in paragraph (). (E) Five members appointed by the President, at least three of whom shall be veterans who were awarded a decoration specified in paragraph (). () A decoration specified in this paragraph is any of the following: F:\V\00\00. October, 00 (: PM)

19 F:\RWC\ASCR0\CONRCPT.0 0 (A) The Medal of Honor. (B) The Distinguished Service Cross, the Navy Cross, or the Air Force Cross. (C) The Silver Star. () A vacancy in the Commission shall be filled in the manner in which the original appointment was made. () The appointment of members of the commission under this subsection shall be made not later than 0 days after the date of the enactment of this Act. (c) PERIOD OF APPOINTMENT. Members of the commission shall be appointed for the life of the commission. A vacancy in the commission shall not affect its powers. (d) INITIAL MEETING. The commission shall hold its first meeting not later than 0 days after the date on which a majority of the members of the commission have been appointed. (e) MEETINGS. The commission shall meet at the call of the chairman. (f) QUORUM. A majority of the members of the commission shall constitute a quorum, but a lesser number may hold hearings. (g) CHAIRMAN. The President shall designate a member of the commission to be chairman of the commission. F:\V\00\00. October, 00 (: PM)

20 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] 0 0 SEC.. DUTIES OF THE COMMISSION. (a) STUDY. The commission shall carry out a study of the benefits under the laws of the United States that are provided to compensate and assist veterans and their survivors for disabilities and deaths attributable to military service. (b) SCOPE OF STUDY. In carrying out the study, the commission shall examine and make recommendations concerning the following: () The appropriateness of such benefits under the laws in effect on the date of the enactment of this Act. () The appropriateness of the level of such benefits. () The appropriate standard or standards for determining whether a disability or death of a veteran should be compensated. (c) CONTENTS OF STUDY. The study to be carried out by the commission under this section shall be a comprehensive evaluation and assessment of the benefits provided under the laws of the United States to compensate veterans and their survivors for disability or death attributable to military service, together with any related issues that the commission determines are relevant to the purposes of the study. The study shall include an evaluation and assessment of the following: F:\V\00\00. October, 00 (: PM)

21 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] 0 () The laws and regulations which determine eligibility for disability and death benefits, and other assistance for veterans and their survivors. () The rates of such compensation, including the appropriateness of a schedule for rating disabilities based on average impairment of earning capacity. () Comparable disability benefits provided to individuals by the Federal Government, State governments, and the private sector. (d) CONSULTATION WITH INSTITUTE OF MEDI- CINE. In carrying out the study under this section, the commission shall consult with the Institute of Medicine of the National Academy of Sciences with respect to the medical aspects of contemporary disability compensation policies. SEC.. REPORT. Not later than months after the date on which the commission first meets, the commission shall submit to the President and Congress a report on the study. The report shall include the following: () The findings and conclusions of the commission, including its findings and conclusions with respect to the matters referred to in section (c). F:\V\00\00. October, 00 (: PM)

22 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] 0 () The recommendations of the commission for revising the benefits provided by the United States to veterans and their survivors for disability and death attributable to military service. () Other information and recommendations with respect to such benefits as the commission considers appropriate. SEC.. POWERS OF THE COMMISSION. (a) HEARINGS. The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers advisable to carry out the purposes of this title. (b) INFORMATION FROM FEDERAL AGENCIES. In addition to the information referred to in section (c), the commission may secure directly from any Federal department or agency such information as the commission considers necessary to carry out the provisions of this title. Upon request of the chairman of the commission, the head of such department or agency shall furnish such information to the commission. (c) POSTAL SERVICES. The commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. F:\V\00\00. October, 00 (: PM)

23 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] 0 (d) GIFTS. The commission may accept, use, and dispose of gifts or donations of services or property. SEC.. PERSONNEL MATTERS. (a) COMPENSATION OF MEMBERS. Each member of the commission who is not an officer or employee of the United States shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section of title, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the commission. All members of the commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) TRAVEL EXPENSES. The members of the commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter of title, United States Code, while away from their homes or regular places of business in the performance of services for the commission. (c) STAFF. () The chairman of the commission may, without regard to the civil service laws and regulations, appoint an executive director and such other per- F:\V\00\00. October, 00 (: PM)

24 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] 0 sonnel as may be necessary to enable the commission to perform its duties. The appointment of an executive director shall be subject to approval by the commission. () The chairman of the commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter and subchapter III of chapter of title, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section of such title. (d) DETAIL OF GOVERNMENT EMPLOYEES. Upon request of the chairman of the commission, the head of any Federal department or agency may detail, on a nonreimbursable basis, any personnel of that department or agency to the commission to assist it in carrying out its duties. (e) PROCUREMENT OF TEMPORARY AND INTERMIT- TENT SERVICES. The chairman of the commission may procure temporary and intermittent services under section (b) of title, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section of such title. F:\V\00\00. October, 00 (: PM)

25 F:\RWC\ASCR0\CONRCPT.0 [DISCUSSION DRAFT] SEC.. TERMINATION OF COMMISSION. The commission shall terminate 0 days after the date on which the commission submits its report under section. SEC.. FUNDING. (a) IN GENERAL. The Secretary of Veterans Affairs shall, upon the request of the chairman of the commission, make available to the commission such amounts as the commission may require to carry out its duties under this title. (b) AVAILABILITY. Any sums made available to the commission under subsection (a) shall remain available, without fiscal year limitation, until the termination of the commission. F:\V\00\00. October, 00 (: PM)