§ 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2001

   National Defense Authorization Act for Fiscal Year 2002

   Pub. L. 107–107 div. A title VI § 641(a) · 115 Stat. 1012

   Enacted · 10 U.S.C. § 1414

   Added Pub. L. 107–107, div. A, title VI, § 641(a), Dec. 28, 2001, 115 Stat. 1149

   Source evidence

   Code source credit
   Added Pub. L. 107–107, div. A, title VI, § 641(a), Dec. 28, 2001, 115 Stat. 1149

   Enacted provision · exact public law section
   (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: “§ 1414. Members eligible for retired pay who have service-connected disabilities: payment of retired pay and veterans’ disability compensation; contingent authority “(a) Payment of Both Retired Pay and Compensation.— Subject to 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, subject to the enactment of qualifying offsetting legislation as specified in subsection (f). “(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(12) of title 38. “(e) Effective Date.— If qualifying offsetting legislation (as defined in subsection (f)) is enacted, the provisions of subsection (a) shall take effect on— “(1) the first day of the first month beginning after the date of the enactment of such qualifying offsetting legislation; or “(2) the first day of the fiscal year that begins in the calendar year in which such legislation is enacted, if that date is later than the date specified in paragraph (1). “(f) Effectiveness Contingent on Enactment of Offsetting Legislation.— (1) The provisions of subsection (a) shall be effective only if— “(A) the President, in the budget for any fiscal year, proposes the enactment of legislation that, if enacted, would be qualifying offsetting legislation; and “(B) after that budget is submitted to Congress, there is enacted qualifying offsetting legislation. “(2) In this subsection: “(A) The term ‘qualifying offsetting legislation’ means legislation (other than an appropriations Act) that includes provisions that— “(i) offset fully the increased outlays to be made by reason of the provisions of subsection (a) for each of the first 10 fiscal years beginning after the date of the enactment of such legislation; “(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and “(iii) are included in full on the PayGo scorecard. “(B) The term ‘PayGo scorecard’ means the estimates that are made by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 902(d)) with respect to the ten fiscal years following the date of the enactment of the legislation that is qualifying offsetting legislation for purposes of this section.”.

2. 2003

   National Defense Authorization Act for Fiscal Year 2004

   Pub. L. 108–136 div. A title VI § 641(a) · 117 Stat. 1392

   Amended · 10 U.S.C. § 1414

   Pub. L. 108–136 amended section generally. Prior to amendment, section related to members eligible for retired pay who had service-connected disabilities: payment of retired pay and veterans’ disability compensation; and contingent effectiveness based on enactment of offsetting legislation

   Source evidence

   Code amendment note
   Pub. L. 108–136 amended section generally. Prior to amendment, section related to members eligible for retired pay who had service-connected disabilities: payment of retired pay and veterans’ disability compensation; and contingent effectiveness based on enactment of offsetting legislation.

   Enacted provision · exact public law section
   (a) Concurrent Receipt.— Section 1414 of title 10, United States Code, is amended to read as follows: “§ 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans’ disability compensation “(a) Payment of Both Retired Pay and Compensation.— “(1) 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 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 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c). “(2) Qualifying service-connected disability.— 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 50 percent disabling by the Secretary of Veterans Affairs. “(b) Special Rules for Chapter 61 Disability Retirees.— “(1) 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, or at least 20 years of service computed under section 12732 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. “(2) Disability retirees with less than 20 years of service.— 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, or with less than 20 years of service computed under section 12732 of this title, at the time of the member’s retirement. “(c) Phase-in of Full Concurrent Receipt.— During the period beginning on January 1, 2004, and ending on December 31, 2013, retired pay payable to a qualified retiree shall be determined as follows: “(1) Calendar year 2004.— For a month during 2004, 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, $750. “(B) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 90 percent, $500. “(C) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 80 percent, $350. “(D) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 70 percent, $250. “(E) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 60 percent, $125. “(F) For a month for which the retiree receives veterans’ disability compensation for a disability rated as 50 percent, $100. “(2) Calendar year 2005.— For a month during 2005, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount specified in paragraph (1) for that qualified retiree; and “(B) 10 percent of the difference between (i) the current baseline offset, and (ii) the amount specified in paragraph (1) for that member’s disability. “(3) Calendar year 2006.— For a month during 2006, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (2) for that qualified retiree; and “(B) 20 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (2) for that qualified retiree. “(4) Calendar year 2007.— For a month during 2007, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (3) for that qualified retiree; and “(B) 30 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (3) for that qualified retiree. “(5) Calendar year 2008.— For a month during 2008, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (4) for that qualified retiree; and “(B) 40 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (4) for that qualified retiree. “(6) Calendar year 2009.— For a month during 2009, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (5) for that qualified retiree; and “(B) 50 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (5) for that qualified retiree. “(7) Calendar year 2010.— For a month during 2010, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (6) for that qualified retiree; and “(B) 60 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (6) for that qualified retiree. “(8) Calendar year 2011.— For a month during 2011, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (7) for that qualified retiree; and “(B) 70 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (7) for that qualified retiree. “(9) Calendar year 2012.— For a month during 2012, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (8) for that qualified retiree; and “(B) 80 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (8) for that qualified retiree. “(10) Calendar year 2013.— For a month during 2013, the amount of retired pay payable to a qualified retiree is the sum of— “(A) the amount determined under paragraph (9) for that qualified retiree; and “(B) 90 percent of the difference between (i) the current baseline offset, and (ii) the amount determined under paragraph (9) for that qualified retiree. “(11) General limitation.— Retired pay determined under this subsection for a qualified retiree, if greater than the amount of retired pay otherwise 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 Special Compensation Program.— “(1) 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 1413a of this title may receive special compensation in accordance with that section or retired pay in accordance with this section, but not both. “(2) 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 (1) shall have the right to make an election to change from receipt of special compensation in accordance with section 1413a 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 regulations shall be subject to approval by the Secretary of Defense. “(e) Definitions.— In this section: “(1) Retired pay.— The term ‘retired pay’ includes retainer pay, emergency officers’ retirement pay, and naval pension. “(2) Veterans’ disability compensation.— The term ‘veterans’ disability compensation’ has the meaning given the term ‘compensation’ in section 101(13) of title 38. “(3) 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. “(4) Current baseline offset.— “(A) In general.— The term ‘current 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 5304 and 5305 of title 38, except that in the case of such a retiree who was retired under chapter 61 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 61 of this title.” .

3. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 642(a) · 118 Stat. 1811

   Inserted · 10 U.S.C. § 1414(a)(1)

   Pub. L. 108–375, § 642(a), inserted before period at end “, except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 108–375, § 642(a), inserted before period at end “, except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004”.

   Enacted provision · exact public law section
   (a) Termination of Phase-In at End of 2004.— Subsection (a)(1) of section 1414 of title 10, United States Code, is amended by inserting before the period at the end the following: “, except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004”.

4. 2004

   Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

   Pub. L. 108–375 § 642(b) · 118 Stat. 1811

   Inserted · 10 U.S.C. § 1414(c)

   Pub. L. 108–375, § 642(b), inserted “that pursuant to the second sentence of subsection (a)(1) is subject to this subsection” after “a qualified retiree” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 108–375, § 642(b), inserted “that pursuant to the second sentence of subsection (a)(1) is subject to this subsection” after “a qualified retiree” in introductory provisions.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Subsection (c) of such section is amended in the matter preceding paragraph (1) by inserting “that pursuant to the second sentence of subsection (a)(1) is subject to this subsection” after “a qualified retiree”.

5. 2006

   National Defense Authorization Act for Fiscal Year 2006

   Pub. L. 109–163 div. A title VI § 663 · 119 Stat. 3136

   Inserted · 10 U.S.C. § 1414(a)(1)

   Pub. L. 109–163 inserted “, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009” before period at end

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 109–163 inserted “, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009” before period at end.

   Enacted provision · exact public law section
   SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COMPENSATION AND MILITARY RETIRED PAY.   Section 1414(a)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: “, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009”.

6. 2008

   National Defense Authorization Act for Fiscal Year 2008

   Pub. L. 110–181 div. A title VI § 642(a) · 122 Stat. 3

   1. Substituted · 10 U.S.C. § 1414(a)(1)

      Pub. L. 110–181 substituted “except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:” for “except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009.”

   2. Added · 10 U.S.C. § 1414(a)(1)

      Pub. L. 110–181 added subpars. (A) and (B)

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 110–181 substituted “except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:” for “except that in the case of a qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009.” and added subpars. (A) and (B).

   Enacted provision · exact public law section
   (a) Inclusion of Veterans.— Section 1414(a)(1) of title 10, United States Code, is amended by striking “except that” and all that follows and inserting “except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following: “(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent. “(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.” .

7. 2014

   Department of Defense Appropriations Act, 2014

   Pub. L. 113–76 § 10001(b)(2) · 128 Stat. 5

   Changed · 10 U.S.C. § 1414(b)(1)

   Pub. L. 113–76, § 10001(b)(2), which directed insertion of “(but without the application of section 1401a(b)(4) of this title)” after “under any other provision of law”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(2). See 2015 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 113–76, § 10001(b)(2), which directed insertion of “(but without the application of section 1401a(b)(4) of this title)” after “under any other provision of law”, did not take effect pursuant to Pub. L. 114–92, § 631(d)(2). See 2015 Amendment note above.

   Enacted provision · exact public law section
   (2) Concurrent receipt of retired pay and veterans’ disability compensation.— Section 1414(b)(1) of such title is amended by inserting “(but without the application of section 1401a(b)(4) of this title)” after “under any other provision of law”.

   Effective date note
   Amendment by Pub. L. 113–76 effective Dec. 1, 2015, immediately after the coming into effect of section 403 of Pub. L. 113–67 and the amendments made by that section, see section 10001(c) of Pub. L. 113–76, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(2) of Pub. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.

8. 2015

   National Defense Authorization Act for Fiscal Year 2016

   Pub. L. 114–92 § 631(d)(2) · 129 Stat. 726

   Changed · 10 U.S.C. § 1414(b)(1)

   Pub. L. 114–92, § 631(d)(2), which was approved Nov. 25, 2015, provided that the amendment made by Pub. L. 113–76, § 10001(b)(2), which was effective Dec. 1, 2015, would not take effect. See 2014 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 114–92, § 631(d)(2), which was approved Nov. 25, 2015, provided that the amendment made by Pub. L. 113–76, § 10001(b)(2), which was effective Dec. 1, 2015, would not take effect. See 2014 Amendment note below.

   Enacted provision · exact public law section
   (2) The amendments to be made by section 10001(b) of the Department of Defense Appropriations Act, 2014.

   Effective date note
   Amendment by Pub. L. 113–76 effective Dec. 1, 2015, immediately after the coming into effect of section 403 of Pub. L. 113–67 and the amendments made by that section, see section 10001(c) of Pub. L. 113–76, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(2) of Pub. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.

9 of 9 references resolved to an enrolled provision