STAND. COM. REP. NO. 1459

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 Judiciary, to which was referred S.R. No. 160, S.D. 1, 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 the Department of Defenses' Office of Veterans Services and one individual.

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. Your Committee further finds that, 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; however, the National Defense Authorization Act of Fiscal Year 2004 amended the United States Code to provide that 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 may receive concurrent retirement and disability payments. Your Committee additionally finds that a veteran's retirement annuity is earned for successful years of service whereas disability compensation is earned for a service-connected injury or ailment, and that the two types of benefits are necessarily distinct from one another. Your Committee also finds that it is unjust to offset the retirement payments for certain retired, disabled veterans by the amount of disability compensation received by the veteran.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 160, S.D. 1, and recommends its adoption.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair