Page:United States Statutes at Large Volume 116 Part 4.djvu/147

 PUBLIC LAW 107-314—DEC. 2, 2002 116 STAT. 2575 the reduction in retired pay that is appHcable to the retiree for that month under sections 5304 and 5305 of title 38. " (3) SPECIAL RULES FOR CHAPTER 61 DISABILITY RETIREES.— In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title, the amount of the payment under paragraph (1) for any month shall be reduced by the amount (if any) by which 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) ELIGIBLE RETIREES. —For purposes of this section, an eligible combat-related disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services entitled to retired pay who— "(1) has completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the member is entitled; and "(2) has a qualifying combat-related disability. "(d) PROCEDURES. —The Secretary of Defense shall prescribe procedures and criteria under which a disabled uniformed services retiree may apply to the Secretary of a military department to be considered to be an eligible combat-related disabled uniformed services retiree. Such procedures shall apply uniformly throughout the Department of Defense. "(e) QUALIFYING COMBAT-RELATED DISABILITY.—In this section, the term *qualifying combat-related disability' means either of the following: " (1) A disability that— "(A) is attributable to an injury for which the member was awarded the Purple Heart; and "(B) is rated as not less than 10 percent disabling— "(i) by the Secretary concerned, as of the date on which the member is retired from the uniformed services, under criteria prescribed by the Secretary of Defense; or "(ii) by the Secretary of Veterans Affairs. "(2) A service-connected disability that— "(A) was incurred (as determined under criteria prescribed by the Secretary of Defense)— "(i) as a direct result of armed conflict; "(ii) while engaged in hazardous service; "(iii) in the performance of duty under conditions simulating war; or "(iv) through an instrumentality of war; and "(B) is rated as not less than 60 percent disabling— "(i) by the Secretary concerned, as of the date on which the member is retired from the uniformed services, under criteria prescribed by the Secretary of Defense; or "(ii) by the Secretary of Veterans Affairs. "(f) CONSTRUCTION WITH SPECIAL COMPENSATION FOR SEVERELY DISABLED UNIFORMED SERVICES RETIREES. —

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