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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
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-10/section-1414-members-eligible-for-retired-pay-who-are-also-eligible-for-veterans-disa--7fe73cef5c.md
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Source location: Title 10, Chapter 71, § 1414; chapter-071-computation-of-retired-pay.md
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**(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 computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim), or with less than 20 years of service computed under [section 12732 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12732&num=0&edition=prelim), 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 that pursuant to the second sentence of subsection (a)(1) is subject to this subsection 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1413a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1413a&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/13&num=0&edition=prelim).
(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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsection (b), for the purpose of determining whether a person is entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim), the person’s years of service are computed by adding the following:
(1) The person’s years of service, before July 1, 1949, in the following:
(A) The armed forces.
(B) The federally recognized National Guard before June 15, 1933.
(C) A federally recognized status in the National Guard before June 15, 1933.
(D) The National Guard after June 14, 1933, if his service therein was continuous from the date of his enlistment in the National Guard, or his Federal recognition as an officer therein, to the date of his enlistment or appointment, as the case may be, in the National Guard of the United States, the Army National Guard of the United States, or the Air National Guard of the United States.
(E) The Navy Reserve Force.
(F) The Naval Militia that conformed to the standards prescribed by the Secretary of the Navy.
(G) The National Naval Volunteers.
(H) The Army Nurse Corps, the Navy Nurse Corps, the Nurse Corps Reserve of the Army, or the Nurse Corps Reserve of the Navy, as it existed at any time after February 2, 1901.
(I) The Army under an appointment under the Act of December 22, 1942 (ch. 805, 56 Stat. 1072).
(J) An active full-time status, except as a student or apprentice, with the Medical Department of the Army as a civilian employee—
(i) in the dietetic or physical therapy categories, if the service was performed after April 6, 1917, and before April 1, 1943; or
(ii) in the occupational therapy category, if the service was performed before appointment in the Army Nurse
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 12732
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Recomputation To Reflect Increases in Basic Pay.—** Unless otherwise specifically provided by law, the retired pay of a member or former member of an armed force may not be recomputed to reflect any increase in the rates of basic pay for members of the armed forces.
**(b) Cost-of-Living Adjustments Based on CPI Increases.—**
(1) **Increase required.—** — Effective on December 1 of each year, the Secretary of Defense shall increase the retired pay of members and former members entitled to that pay in accordance with paragraphs (2) and (3).
(2) **Percentage increase.—** — Except as otherwise provided in this subsection, the Secretary shall increase the retired pay of each member and former member by the percent (adjusted to the nearest one-tenth of 1 percent) by which—
(A) the price index for the base quarter of that year, exceeds
(B) the base index.
(3) **Reduced percentage for certain post-august 1, 1986 members.—** — If the percent determined under paragraph (2) is greater than 1 percent, the Secretary shall increase the retired pay of each member and former member who first became a member on or after August 1, 1986, and has elected to receive a bonus under section 322 (as in effect before the enactment of the National Defense Authorization Act for Fiscal Year 2008) or [section 354 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section354&num=0&edition=prelim), by the difference between—
(A) the percent determined under paragraph (2); and
(B) 1 percent.
(4) **Special rule for paragraph (3).—** — If in any case in which an increase in retired pay that would otherwise be made under paragraph (3) is not made by reason of law (other than any provision of this section), then (unless otherwise provided
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1401a
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Federal law — U.S. Code and appendices · legal_authorities
### 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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** For the purposes of the computation of the years of service of a member of the armed forces under a provision of this title providing for such computation to be made under this section, the years of service of the member are computed by adding—
(1) his years of active service;
(2) the years of service, not included in clause (1), with which he was entitled to be credited on May 31, 1958, in computing his basic pay; and
(3) the years of service, not included in clause (1) or (2), with which he would be entitled to be credited under [section 12733 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12733&num=0&edition=prelim) if he were entitled to retired pay under [section 12731 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12731&num=0&edition=prelim).
**(b) Fractional Years of Service.—** In determining a member’s years of service under subsection (a)—
(1) each full month of service that is in addition to the number of full years of service creditable to the member shall be credited as 1⁄12 of a year; and
(2) any remaining fractional part of a month shall be disregarded.
**(c) Exclusion of Time Required To Be Made Up or Excluded.—**
(1) Time required to be made up by an enlisted member of the Army, Air Force, or Space Force under [section 972(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section972/a&num=0&edition=prelim), or required to be made up by an enlisted member of the Navy, Marine Corps, or Coast Guard under that section with respect to a period of time after October 5, 1994, may not be counted in determining years of service under subsection (a).
(2) [Section 972(b) of this title](https://uscode.house.gov/v
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1405
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim) or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim), pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim) concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
**(b)**
(1) Except as provided in paragraphs (2) and (3) of this subsection and in [section 1521(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/i&num=0&edition=prelim), the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compen
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person’s retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5305
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Federal law — U.S. Code and appendices · legal_authorities
Page 1333
TITLE 10—ARMED FORCES
§ 1414
effect as of October 1, 2003. The Secretary of Defense
shall provide for such administrative adjustments as
necessary to provide for payments made for any period
during fiscal year 2004 before the date of the enactment
of this Act [Nov. 24, 2003] to be treated as having been
made in accordance with such amendments and for the
provisions of such amendments to be implemented as if
enacted as of September 30, 2003.’’
Pub. L. 108–136, div. A, title VI, § 642(f), Nov. 24, 2003,
117 Stat. 1517, provided that: ‘‘The amendments made
by subsections (a), (b), and (c) [amending this section]
shall apply to payments under section 1413a of title 10,
United States Code, for months beginning on or after
January 1, 2004. The amendment made by subsection (d)
[amending this section] shall take effect on January 1,
2004.’’
EFFECTIVE DATE
Pub. L. 107–314, div. A, title VI, § 636(a)(2), Dec. 2, 2002,
116 Stat. 2576, provided that: ‘‘Section 1413a of title 10,
United States Code, as added by paragraph (1), shall
take effect not later than 180 days after the date of the
enactment of this Act [Dec. 2, 2002].’’
CLARIFICATION
OF
ELIGIBILITY
OF
MEMBERS
OF
THE
COAST
GUARD
FOR
COMBAT-RELATED
SPECIAL
COM-
PENSATION
Pub. L. 114–120, title II, § 221, Feb. 8, 2016, 130 Stat. 48,
as amended by Pub. L. 117–263, div. K, title CXIV,
§ 11404(c), Dec. 23, 2022, 136 Stat. 4110, provided that:
‘‘(a) CONSIDERATION OF ELIGIBILITY.—
‘‘(1) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act [Feb. 8, 2016], the
Secretary of the department in which the Coast
Guard is operating shall issue procedures and criteria
to use in determining whether the disability of a
member of the Coast Guard is a combat-related dis-
ability for
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1414
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.