Hello,
I believe I might be able to offer some clarity to the CRSC aspect of the bill. The CRDP section is more difficult to interpret and a narrative summary has yet to be provided by the House.
The
Major Richard Star Act,
HR 5995, introduced by U.S. Rep Bilirakis, a Republican from Florida, seeks to eliminate a legal provision that prevents some retired veterans from simultaneously collecting two types of federal monetary benefits, referred to as “concurrent receipt.”
It is
H.R.5995 - Major Richard Star Act 116th Congress (2019-2020) |
BILL
Hide Overview
Sponsor: | Rep. Bilirakis, Gus M. [R-FL-12] (Introduced 02/27/2020) |
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Committees: | House - Armed Services; Veterans' Affairs |
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Latest Action: | House - 02/27/2020 Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions) |
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The older bills you mentioned seem to remain without additional action (HR 333 and SR 208). Last movement in early 2019.
Key elements of the Major Richard Star Act:
1. CRSC.
Purpose: To amend title 10, United States Code, to expand eligibility to certain military retirees for concurrent receipt of veterans’ disability compensation and retired pay or combat-related special compensation, and for other purposes.
Inclusion Of Chapter 61 Disability Retirees With Fewer Than 20 Years Of Service Who Are Eligible For
Combat-Related Special Compensation.—Section 1413a(b)(3) of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking “In” and inserting “Subject to subparagraph (B), in”; and
(2) in subparagraph (B), by striking “In the case of” and all that follows and inserting “The retired pay of an eligible combat-related disabled uniformed services retiree, who is retired under chapter 61 of this title with fewer than 20 years of creditable service, is not subject to reduction under sections 5304 and 5305 of title 38.”.
Comment (result):
(3) Special rules for chapter 61 disability retirees. --
(A) General rule. --
In Subject to subparagraph (B), 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 may not, when combined with the amount of retired pay payable to the retiree after any such reduction under
sections 5304 and
5305 of title 38 , cause the total of such combined payment to exceed 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.
(B) Special rule for retirees with fewer than 20 years of service. --
In the case of an eligible combat-related disabled uniformed services retiree who is retired under chapter 61 of this title with fewer than 20 years of creditable service, the amount of the payment under paragraph (1) for any month may not, when combined with the amount of retired pay payable to the retiree after any such reduction under sections 5304 and 5305 of title 38 , cause the total of such combined payment to exceed the amount equal to 2 1/2 percent of the member's years of creditable service multiplied by the member's retired pay base under section 1406(b)(1) or 1407 of this title, whichever is applicable to the member.
The retired pay of an eligible combat-related disabled uniformed services retiree, who is retired under chapter 61 of this title with fewer than 20 years of creditable service, is not subject to reduction under sections 5304 and 5305 of title 38
Another comment:
The proposed amendment would eliminate the restriction of the CRSC amount to not exceed the longevity portion of retired pay.
2. CRDP.
“§ 1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt”.
(2) TABLE OF SECTIONS.—The item relating to such section 1414 in the table of sections at the beginning of chapter 71 of such title is amended to read as follows:
“1414. Members eligible for retired pay who are also eligible for veterans’ disability compensation: concurrent receipt.”.
(3) CONFORMING AMENDMENTS REFLECTING END OF CONCURRENT RECEIPT PHASE-IN PERIOD.—Such section 1414 is further amended—
(A) in subsection (a)(1)—
(i) by striking the second sentence; and
(ii) by striking subparagraphs (A) and (B);
(B) by striking subsection (c) and redesignating subsections (d) and (e) as subsections (c) and (d), respectively; and
(C) in subsection (d), as redesignated, by striking paragraphs (3) and (4).
Comment.
The bill does not currently include a summary in plain English.
At this time, the Military Times article provides a better snapshot. See
Military Times article LINK <---
There is a companion bill in the Senate, referenced earlier in this thread.
Ron