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LEGISLATIVE AND BENEFIT UPDATES

Credit: Architect of the Capitol Legislative and Benefit Updates

By Michael P. Hughes, OSC, USNR (ret.)

Concurrent Receipt
There is some confusion about what legislation is likely to pass concerning concurrent
receipt. There are two very different bills introduced concerning concurrent receipt. NERA
fully supports both of these proposed bills.

Major Richard Star Act H.R. 1282 and S. 344
This bill has bipartisan sup- retirement pay or combat related special compensation.
port in both the House and
Senate. It provides that combat related disabled military This a reversal of current policy which prevents concur-
retirees with fewer than 20 years of service may receive, rent receipt of dual compensation without reduction of
without reduction, veterans’ disability compensation and retirement pay. This bill has a good chance of passage.

Disabled Veterans' Tax Termination Act H.R. 333
Currently any military retiree receiving Veterans Affairs Unfortunately, as of this writing there is no Senate ver-
(VA) disability compensation of less than 50% rating has sion of this bill. The House bill has been referred to the
their retired pay reduced by the amount received from Subcommittee on Disability Assistance and Memorial
VA. There is no reduction for those rated 50% or higher. Affairs of the House Veterans Affairs Committee. There
This bill would eliminate any reduction regardless of the has been no further action as of this writing. Similar bills
rating percent of disability and allow full concurrent have previously been introduced and have failed to pass or
receipt of both retirement and disability compensation. get out of committee.

National Defense Authorzation Act (NDAA) FY 2024
This legislation has passed both the House and Senate 4. Provides for paid parental leave for reservists not
and has been signed by the President into law. Keep in serving on active duty. Leave must
mind that as of this writing there has not been passage
if a Defense Appropriation for FY 2024 to fund any of 5. Occur within one (1) year of birth/adoption of a
these authorized programs or requirements. child or placement of a minor child with a member
for adoption or foster care. Member shall receive
Following are a few key areas addressed in the NDAA for leave for up to 12 periods of inactive duty for train-
FY 2024: ing and receive payment and retirement credit for
those periods.
1. 5.2 % pay increase for all military personnel and
DoD employees 6. Excludes amounts received as Basic Allowance for
Housing (BAH) in the calculation of income to
2. Prohibits action against service members for refusal determine eligibility for Basic Needs Allowance.
to get COVID-19 vaccinations. Previously BAH was included in calculating
eligibility.
3. Requires consideration of reinstatement of those
service members involuntarily separated for refusing 7. Allows DoD to establish a premium-free dental
COVID-19 vaccination. program for Selected Reservists (SELRES) members
with no charged co-pays.

4 The Mariner • 2023/2024 WINTER Edition • Volume 66 • Issue 3