Page:United States Statutes at Large Volume 115 Part 2.djvu/165

 PUBLIC LAW 107-107—DEC. 28, 2001 115 STAT. 1149 (B) by striking "subsection (a)(3)" and inserting "subsection (a)(2)"; (3) in subsection (e), by inserting "EXCEPTION.— " after "(e)"; and (4) in subsection (f), by inserting "DEFINITIONS.— " after " (f)". (d) APPLICATION OF AMENDMENTS. — The amendments made by 37 USC 430 note. this section shall apply with respect to travel described in subsection (b) of section 430 of title 37, United States Code, as amended by this section, that commences on or after the date of the enactment of this Act. Subtitle D—Retirement and Survivor Benefit Matters SEC. 641. CONTINGENT AUTHORITY FOR CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS' DISABILITY COM- PENSATION AND ENHANCEMENT OF SPECIAL COMPENSA- TION AUTHORITY. (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 serviceconnected 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.

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