Pub. L. 110-181, div. A, tit. VI, subtit. D, sec. 642
INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION.
SEC. 642. INCLUSION OF VETERANS WITH SERVICE-CONNECTED DISABILITIES RATED AS TOTAL BY REASON OF UNEMPLOYABILITY UNDER TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VETERANS’ DISABILITY COMPENSATION.(a) Inclusion of Veterans.—Section 1414(a)(1) of title 10, United States Code, is amended by striking “except that” and all that follows and inserting “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.”.(b) Effective Date.—(1) In general.—Subject to paragraph (2), the amendment made by subsection (a) shall take effect as of December 31, 2004.(2) Timing of payment of retroactive benefits.—Any amount payable for a period before October 1, 2008, by reason of the amendment made by subsection (a) shall not be paid until after that date.