STAND. COM. REP. NO. 1077

Honolulu, Hawaii

RE: S.R. No. 160

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred S.R. No. 160 entitled:

"SENATE RESOLUTION URGING THE UNITED STATES CONGRESS TO AMEND THE UNITED STATES CODE TO PERMIT ALL RETIRED, DISABLED VETERANS TO RECEIVE CONCURRENT RETIREMENT AND DISABILITY PAYMENTS,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the United States Congress to amend the United States code to permit all retired disabled veterans to receive concurrent retirement and disability payments.

Your Committee received testimony in support of this measure from three individuals.

Your Committee finds that under federal law, the phrase "concurrent retirement and disability payments" refers to a retired disabled veteran's simultaneous receipt of the veteran's full retirement payments and disability compensation. Prior to implementation of the concurrent retirement and disability payments program, the retirement payments for all retired disabled veterans were offset by the amount of disability compensation received by the veteran. The National Defense Authorization Act of Fiscal Year 2004 amended 10 United States Code section 1414 to permit retired disabled veterans who served in the armed forces for twenty or more years and have a United States Department of Veterans Affairs disability rating at or above fifty percent to receive concurrent retirement and disability payments. However, the retirement payments for retired disabled veterans who are ineligible for concurrent retirement and disability payments continue to be offset by the amount of disability compensation received by the veteran. This measure requests the United States Congress to provide all retired, disabled veterans with concurrent retirement and disability compensation regardless of their disability rating or years of service.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 160, as amended herein, and recommends that it be referred to your Committee on Judiciary, in the form attached hereto as S.R. No. 160, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Public Safety, Intergovernmental, and Military Affairs,

________________________________

CLARENCE K. NISHIHARA, Chair