2013 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law (§§ 101 - 2925)
Part II - PERSONNEL (§§ 501 - 1805)
Chapter 71 - COMPUTATION OF RETIRED PAY (§§ 1401 - 1414)
Section 1413a - Combat-related special compensation
Publication Title | United States Code, 2012 Edition, Supplement 1, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 71 - COMPUTATION OF RETIRED PAY Sec. 1413a - Combat-related special compensation |
Contains | section 1413a |
Date | 2013 |
Laws in Effect as of Date | January 16, 2014 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 107-314, div. A, title VI, §636(a)(1), Dec. 2, 2002, 116 Stat. 2574; amended Pub. L. 108-136, div. A, title VI, §§641(c)(1), 642(a)-(e)(1), Nov. 24, 2003, 117 Stat. 1514, 1516, 1517; Pub. L. 110-181, div. A, title VI, §641(a), (b), Jan. 28, 2008, 122 Stat. 156; Pub. L. 112-239, div. A, title VI, §643(a), Jan. 2, 2013, 126 Stat. 1783. |
Statutes at Large References | 116 Stat. 2574, 2576 117 Stat. 1514, 1516, 1517 122 Stat. 156 126 Stat. 1783 |
Public Law References | Public Law 107-314, Public Law 108-136, Public Law 110-181, Public Law 112-239 |
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(a)
(b)
(1)
(2)
(3)
(A)
(B)
(c)
(1) is entitled to retired pay (other than by reason of section 12731b of this title); and
(2) has a combat-related disability.
(d)
(e)
(1) is attributable to an injury for which the member was awarded the Purple Heart; or
(2) was incurred (as determined under criteria prescribed by the Secretary of Defense)—
(A) as a direct result of armed conflict;
(B) while engaged in hazardous service;
(C) in the performance of duty under conditions simulating war; or
(D) through an instrumentality of war.
(f)
(g)
(h)
(i)
(1) The term "service-connected" has the meaning given such term in section 101 of title 38.
(2) The term "retired pay" includes retainer pay, emergency officers' retirement pay, and naval pension.
(Added Pub. L. 107–314, div. A, title VI, §636(a)(1), Dec. 2, 2002, 116 Stat. 2574; amended Pub. L. 108–136, div. A, title VI, §§641(c)(1), 642(a)–(e)(1), Nov. 24, 2003, 117 Stat. 1514, 1516, 1517; Pub. L. 110–181, div. A, title VI, §641(a), (b), Jan. 28, 2008, 122 Stat. 156; Pub. L. 112–239, div. A, title VI, §643(a), Jan. 2, 2013, 126 Stat. 1783.)
AMENDMENTS2013—Subsec. (b)(3). Pub. L. 112–239 substituted "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" for "shall be reduced by the amount (if any) by which the amount of the member's retired pay under chapter 61 of this title exceeds" in subpars. (A) and (B).
2008—Subsec. (b)(3). Pub. L. 110–181, §641(b), designated existing text as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (c). Pub. L. 110–181, §641(a), substituted "who—" for "entitled to retired pay who—" in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows:
"(1) has 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 or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731b of this title); and
"(2) has a combat-related disability."
2003—Pub. L. 108–136, §642(e)(1), substituted "Combat-related special compensation" for "Special compensation for certain combat-related disabled uniformed services retirees" in section catchline.
Subsec. (b)(1). Pub. L. 108–136, §642(c), substituted "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." for "for a combat-related disability under subsection (a) is the monthly amount of compensation to which the retiree would be entitled solely for the combat-related disability consistent with chapter 11 of title 38."
Subsec. (c)(1). Pub. L. 108–136, §642(b), inserted before semicolon at end "or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731b of this title)".
Subsec. (c)(2). Pub. L. 108–136, §642(a)(2), struck out "qualifying" before "combat-related disability".
Subsec. (e). Pub. L. 108–136, §642(a)(1), amended heading and text of subsec. (e) generally. Prior to amendment, subsec. (e) defined term "qualifying combat-related disability".
Subsec. (f). Pub. L. 108–136, §642(d), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows:
"(1)
"(2)
"(3)
Subsec. (h). Pub. L. 108–136, §641(c)(1), inserted first sentence and inserted "for any other member" before "for any fiscal year".
EFFECTIVE DATE OF 2013 AMENDMENTPub. L. 112–239, div. A, title VI, §643(b), Jan. 2, 2013, 126 Stat. 1783, provided that: "The amendment made by this section [amending this section] shall take effect as of January 1, 2013, and shall apply to payments for months beginning on or after that date."
EFFECTIVE DATE OF 2008 AMENDMENTPub. L. 110–181, div. A, title VI, §641(c), Jan. 28, 2008, 122 Stat. 156, provided that: "The amendments made by this section [amending this section] shall take effect on January 1, 2008, and shall apply to payments for months beginning on or after that date."
EFFECTIVE DATE OF 2003 AMENDMENTPub. L. 108–136, div. A, title VI, §641(c)(6), Nov. 24, 2003, 117 Stat. 1516, provided that: "The amendments made by this subsection [amending this section and sections 1413, 1463, 1465, and 1466 of this title] shall take 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 DATEPub. 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]."
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