Major Richard Star Act
- Sponsor
- Sen. Blumenthal, Richard [D-CT]
- Committees
- Armed Services Committee (primary)
- Last action
- Mar 13, 2025
Bottom line
The Major Richard Star Act eliminates the offset between military retired pay and VA disability compensation for disability retirees whose disabilities are combat-related.
What it actually does
This bill amends title 10, United States Code, to allow military disability retirees with combat-related disabilities to concurrently receive both their full military retired pay and their full veterans' disability compensation. Currently, these benefits are often offset against each other, meaning veterans do not receive the full amount of both entitlements. The bill explicitly removes the statutory provisions that mandate these reductions for the specified group of veterans.
Proponents argue
Supporters argue that veterans who are medically retired due to combat-related injuries have earned both their military retired pay through service and their disability compensation for their injuries, and should not have one offset the other. They contend it is a matter of fairness and justice for those who have sacrificed most for the nation, correcting a long-standing inequity for wounded warriors.
Opponents contend
Historically, critics of expanding concurrent receipt have raised concerns about the significant costs to the federal budget, arguing that paying both benefits without offset constitutes 'double-dipping' from the taxpayer's perspective if both payments are for the same period of service or injury. While this bill is targeted, it still represents an expansion of federal outlays.
The bill is very short and straightforward, allowing a reader to quickly grasp its core intent and provisions.
Section 2(a), amending 10 U.S.C. 1413a(b)(3)
Concurrent Receipt for Combat-Related Special Compensation (CRSC) Recipients
This provision clarifies and strengthens the concurrent receipt rules for veterans receiving Combat-Related Special Compensation (CRSC). It explicitly states that for disability retirees eligible for CRSC, their retired pay will not be reduced by veterans' disability compensation under sections 5304 and 5305 of title 38. This ensures that those with combat-related disabilities who qualify for CRSC receive both benefits without offset.
Supporters argue
Supporters argue this provision ensures that veterans who suffered combat-related injuries and are eligible for CRSC are fully compensated for both their service and their disability, without being penalized by an offset. It rectifies a perceived injustice for those most severely impacted by their military service.
Critics contend
No specific opposition is typically raised against this particular clarification for CRSC recipients, as the principle of concurrent receipt for combat-related disabilities has broad support. However, general concerns about the overall cost of concurrent receipt apply.
Tradeoffs
This provision balances the desire to fully compensate combat-wounded veterans with the fiscal implications of increasing federal outlays for benefits.
Section 2(b), amending 10 U.S.C. 1414(b)
General Concurrent Receipt for Chapter 61 Disability Retirees with Combat-Related Disabilities
This is the central operative provision of the bill. It establishes a special rule for members or former members of the uniformed services who are entitled to retired pay under Chapter 61 (disability retirees) and also receive veterans' disability compensation for a combat-related disability. For this specific group, the bill mandates that they are entitled to be paid both their retired pay and their disability compensation concurrently, without any reduction under sections 5304 and 5305 of title 38. This directly addresses the 'concurrent receipt' issue for a defined population of wounded veterans.
Section 2(c) and 2(d)
Technical Amendments and Effective Date
Subsection (c) makes several technical and conforming amendments to title 10, United States Code, primarily by striking outdated language related to the 'phase-in period' for concurrent receipt and redesignating subsections. This indicates that the previous gradual implementation of concurrent receipt is now fully superseded or completed. Subsection (d) specifies that the amendments take effect on the first day of the first month after the bill's enactment and apply to payments made on or after that date, ensuring a clear implementation timeline.
The bill's core mechanism relies on striking or disregarding sections 5304 and 5305 of title 38, which are the statutory provisions that mandate the offset between military retired pay and veterans' disability compensation.
Section 2(a) and 2(b), references to sections 5304 and 5305 of title 38
Why it matters:This is standard legislative drafting practice, where amendments refer to existing statutory sections. It's not intended to be evasive but requires external knowledge to fully understand.
Case for: By directly targeting the statutory basis for the offset, the bill provides a clear and legally sound mechanism to achieve concurrent receipt for the specified group of veterans.
Case against: No specific case against the method of referencing these sections, but understanding the full impact requires looking up the referenced statutes.
Estimated impact: The elimination of these offsets for combat-related disability retirees will result in billions of dollars in increased federal outlays over a decade.