
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 641(b)]
[Document affected by Public Law 107-107 Section 641(e)(1),]
[Document affected by Public Law 107-107 Section 641(e)(1),]
[Document affected by Public Law 107-107 Section 641(e)(3)]
[CITE: 10USC1413]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1413. Special compensation for certain severely disabled 
        uniformed services retirees
        
    (a) Authority.--The Secretary concerned shall pay to each eligible 
disabled uniformed services retiree a monthly amount determined under 
subsection (b).
    (b) Amount.--The amount to be paid to an eligible disabled uniformed 
services retiree in accordance with subsection (a) is the following:
        (1) For any month for which the retiree has a qualifying 
    service-connected disability rated as total, $300.
        (2) For any month for which the retiree has a qualifying 
    service-connected disability rated as 90 percent, $200.
        (3) For any month for which the retiree has a qualifying 
    service-connected disability rated as 80 percent or 70 percent, 
    $100.

    (c) Eligible Members.--An eligible disabled uniformed services 
retiree referred to in subsection (a) is a member of the uniformed 
services in a retired status who--
        (1) 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 service-connected disability.

    (d) Qualifying Service-Connected Disability Defined.--In this 
section, the term ``qualifying service-connected disability'' means a 
service-connected disability that--
        (1) was incurred or aggravated in the performance of duty as a 
    member of a uniformed service, as determined by the Secretary 
    concerned; and
        (2) is rated as not less than 70 percent disabling--
            (A) by the Secretary concerned as of the date on which the 
        member is retired from the uniformed services; or
            (B) by the Secretary of Veterans Affairs within four years 
        following the date on which the member is retired from the 
        uniformed services.

    (e) Status of Payments.--Payments under this section are not retired 
pay.
    (f) Source of Funds.--Payments under this section for any fiscal 
year shall be paid out of funds appropriated for pay and allowances 
payable by the Secretary concerned for that fiscal year.
    (g) Other Definitions.--In this section:
        (1) The term ``service-connected'' has the meaning given that 
    term in section 101 of title 38.
        (2) The term ``disability rated as total'' means--
            (A) a disability that is rated as total under the standard 
        schedule of rating disabilities in use by the Department of 
        Veterans Affairs; or
            (B) a disability 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 service-
        connected disabilities.

        (3) The term ``retired pay'' includes retainer pay, emergency 
    officers' retirement pay, and naval pension.

(Added Pub. L. 106-65, div. A, title VI, Sec. 658(a)(1), Oct. 5, 1999, 
113 Stat. 668; amended Pub. L. 106-398, Sec. 1 [[div. A], title VI, 
Sec. 657(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-166.)


                               Amendments

    2000--Subsec. (c). Pub. L. 106-398 struck out ``(other than a member 
who is retired under chapter 61 of this title)'' after ``retired 
status'' in introductory provisions.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 657(b)], Oct. 30, 
2000, 114 Stat. 1654, 1654A-166, provided that: ``The amendment made by 
subsection (a) [amending this section] shall take effect on October 1, 
2001, and shall apply to months that begin on or after that date. No 
benefit may be paid under section 1413 of title 10, United States Code, 
to any person by reason of the amendment made by subsection (a) for any 
period before that date.''


                             Effective Date

    Pub. L. 106-65, div. A, title VI, Sec. 658(b), Oct. 5, 1999, 113 
Stat. 669, provided that: ``Section 1413 of title 10, United States 
Code, as added by subsection (a), shall take effect on October 1, 1999, 
and shall apply to months that begin on or after that date. No benefit 
may be paid to any person by reason of that section for any period 
before that date.''
