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10 U.S.C. § 1413 — Repealed. Pub. L. 108–136, div. A, title VI, § 641(b), Nov. 24, 2003, 117 Stat. 1514]

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1413 — Repealed. Pub. L. 108–136, div. A, title VI, § 641(b), Nov. 24, 2003, 117 Stat. 1514]

### Statutory Notes Section, added Pub. L. 106–65, div. A, title VI, § 658(a)(1), Oct. 5, 1999, 113 Stat. 668; amended Pub. L. 106–398, § 1 [[div. A], title VI, § 657(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166; Pub. L. 107–107, div. A, title VI, § 641(b), (e)(1), (2), Dec. 28, 2001, 115 Stat. 1150, 1151; Pub. L. 107–314, div. A, title VI, § 636(b), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 108–136, div. A, title VI, § 641(c)(1), Nov. 24, 2003, 117 Stat. 1514, related to special compensation for certain severely disabled uniformed services retirees. #### Effective Date of Repeal Repeal effective Jan. 1, 2004, and applicable to payments for months beginning on or after that date, see section 641(e) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under [section 1414 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim).

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Source location: Title 10, Chapter 71, § 1413; chapter-071-computation-of-retired-pay.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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), 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. (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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim), or at least 20 years of service

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1413a — Combat-related special compensation

**(a) Authority.—** The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combat-related disability of the retiree determined under subsection (b). **(b) Amount.—** (1) **Determination of monthly amount.—** — Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability. (2) **Maximum amount.—** — The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of the reduction in retired pay that is applicable to the retiree for that month under sections 5304 and 5305 of title 38. (3) **Special rules for chapter 61 disability retirees.—** (A) *General rule.—* — 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 unifor

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1413 — Untitled legal text

Page 1331 TITLE 10—ARMED FORCES § 1413a 1412 of title 10, United States Code, as added by sub- section (a), shall apply beginning with the first month that begins more than 30 days after the date of the en- actment of this Act [Jan. 7, 2011].’’ [§ 1413. Repealed. Pub. L. 108–136, div. A, title VI, § 641(b), Nov. 24, 2003, 117 Stat. 1514] Section, added Pub. L. 106–65, div. A, title VI, § 658(a)(1), Oct. 5, 1999, 113 Stat. 668; amended Pub. L. 106–398, § 1 [[div. A], title VI, § 657(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166; Pub. L. 107–107, div. A, title VI, § 641(b), (e)(1), (2), Dec. 28, 2001, 115 Stat. 1150, 1151; Pub. L. 107–314, div. A, title VI, § 636(b), Dec. 2, 2002, 116 Stat. 2576; Pub. L. 108–136, div. A, title VI, § 641(c)(1), Nov. 24, 2003, 117 Stat. 1514, related to special compensation for certain severely disabled uniformed services retirees. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Jan. 1, 2004, and applicable to pay- ments for months beginning on or after that date, see section 641(e) of Pub. L. 108–136, set out as an Effective Date of 2003 Amendment note under section 1414 of this title. § 1413a. Combat-related special compensation (a) AUTHORITY.—The Secretary concerned shall pay to each eligible combat-related dis- abled uniformed services retiree who elects ben- efits under this section a monthly amount for the combat-related disability of the retiree de- termined under subsection (b). (b) AMOUNT.— (1) DETERMINATION OF MONTHLY AMOUNT.— Subject to paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree under sub- section (a) for any month is the amount of compensation to which the retiree is entitled under title 38 fo

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