2004 Legislation
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HOUSE JOINT MEMORIAL NO. 21 – Military retirement/disability pay


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Bill Status

HJM021.....................................................by STATE AFFAIRS
MILITARY RETIREMENT - DISABILITY PAY - Stating findings of the Legislature
and supporting the concurrent receipt of military retirement pay and
disability compensation.
02/26    House intro - 1st rdg - to printing
02/27    Rpt prt - to St Aff
03/02    Rpt out - rec d/p - to 2nd rdg
03/03    2nd rdg - to 3rd rdg
03/08    3rd rdg - ADOPTED - 66-0-4
      AYES -- Andersen, Barraclough, Barrett, Bauer, Bayer, Bedke, Bell,
      Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet,
      Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez,
      McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato,
      Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts,
      Robison, Rydalch, Sali, Sayler, Shepherd, Shirley, Smith(30),
      Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
      NAYS -- None
      Absent and excused -- Ellsworth, Schaefer, Skippen, Mr. Speaker
    Floor Sponsor - Eskridge
    Title apvd - To Senate
03/09    Senate intro - 1st rdg - to St Aff
03/16    Rpt out - rec d/p - to 10th Ord
03/18    10th Ord - ADOPTED - voice vote
    Floor Sponsor - Bailey
    Title apvd - to House
03/18    To enrol - Rpt enrol - Sp signed
03/19    Pres signed - To Secretary of State

Bill Text

  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                              IN THE HOUSE OF REPRESENTATIVES
                                HOUSE JOINT MEMORIAL NO. 21
                                 BY STATE AFFAIRS COMMITTEE
  1                                   A JOINT MEMORIAL
  5        We, your Memorialists, the House of Representatives and the Senate of  the
  6    State  of  Idaho  assembled in the Second Regular Session of the Fifty-seventh
  7    Idaho Legislature, do hereby respectfully represent that:
  8        WHEREAS, military veterans who suffer from service-connected  disabilities
  9    have  had  to  forfeit  a  dollar  of  military retired pay for each dollar of
 10    Department of Veterans Affairs Disability Compensation pay they receive; and
 11        WHEREAS, the Military Retirement Trust Fund was authorized by  Public  Law
 12    98-94  for  accumulation of funds to finance the liabilities of the Department
 13    of Defense under military retirement and survivors benefit programs; and
 14        WHEREAS, the reported mission of the Military Retirement Trust Fund is  to
 15    accumulate  funds in order to finance, on an actuarially sound basis, the lia-
 16    bilities of the Department of Defense under military retirement and  survivors
 17    benefit programs; and
 18        WHEREAS,  the  Secretary  of  Defense is tasked with the responsibility of
 19    budgeting funds annually for replenishment of the fund; and
 20        WHEREAS, disabled  retired  veterans  are  having  deductions  from  their
 21    retirement  checks  to offset, dollar for dollar, their Department of Veterans
 22    Affairs Disability Compensation and  those  offsets  are  Military  Retirement
 23    Trust Fund assets, which should be creating a surplus; and
 24        WHEREAS,  the  United States government and the Department of Defense have
 25    been required by their own laws and regulations to fund retired military  pay;
 26    and
 27        WHEREAS, no persons, other than military retirees, fund their own disabil-
 28    ity payments from their retirement funds; and
 29        WHEREAS,  this  inequity  was  partially  addressed in November 2003, when
 30    President Bush signed the fiscal year 2004 Department of Defense bill contain-
 31    ing provisions to phase-in concurrent receipt; and
 32        WHEREAS, Public Law 108-136 became effective January 1, 2004; and
 33        WHEREAS, all military retirees with Department of  Veterans  Affairs  dis-
 34    ability  ratings  of fifty percent or higher will have full concurrent receipt
 35    phased-in over a ten year period; and
 36        WHEREAS, National Guard and Reservist career retirees will be treated  the
 37    same  as  active duty retirees and will be included in both the Combat-Related
 38    Special Compensation Program and the phase-in  of  concurrent  disability  pay
 39    receipt for veterans rated fifty percent or higher; and
 40        WHEREAS,  Public Law 108-136 is a move forward; however, military retirees
 41    with noncombat disabilities rated less  than  fifty  percent  continue  to  be
 42    treated unfairly; and
 43        WHEREAS,  Idaho's  chartered  veterans'  organizations  intend  to  resume
 44    efforts  to  expand  concurrent  receipt  benefits to more retirees during the
  1    108th Congress.
  2        NOW, THEREFORE, BE IT RESOLVED by the members of the Second  Regular  Ses-
  3    sion  of the Fifty-seventh Idaho Legislature, the House of Representatives and
  4    the Senate concurring therein, that we support the concurrent receipt of mili-
  5    tary retirement pay and disability compensation.
  6        BE IT FURTHER RESOLVED that the Chief Clerk of the  House  of  Representa-
  7    tives  be, and she is hereby authorized and directed to forward a copy of this
  8    Memorial to the President of the Senate and the Speaker of the House of Repre-
  9    sentatives of Congress, and  the  congressional  delegation  representing  the
 10    State of Idaho in the Congress of the United States.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                            RS 14086

This House Joint Memorial expresses legislature support for
concurrent receipt of military retirement pay and disability
compensation for Veterans injured in combat.  Prior to November
2003, current law required military retirement pay to be reduced
by the amount of the disability benefit.  In 2003 this was
changed to provide for both benefits to be received if the
disability was 50% or greater.  This Memorial stresses that the
agreement fell short and asks that the Legislature support the
ongoing request for full concurrent military and disability
compensation for all veterans receiving disability benefits as a
result of injuries sustained in combat. 

                          FISCAL IMPACT

 There is no fiscal impact associated with this Joint Memorial.

Name: Rep. George Eskridge 
      Senator Kent Bailey
Phone: 208/332-1000
Name: Richard Jones, Div. Adm. - 208/334-3513