10 USC 1413 - Combat-related special compensation

Editorial Notes

Amendments

2021—Subsec. (h). Puspan. L. 116–283 substituted “Marine Corps, or Space Force” for “or Marine Corps”.

2016—Subsec. (span)(3)(B). Puspan. L. 114–328 substituted “the retired pay percentage (determined for the member under section 1409(span) of this title)” for “2½ percent”.

2015—Subsec. (span)(3). Puspan. L. 114–92, § 631(d)(2), which was approved Nov. 25, 2015, provided that the amendments made by Puspan. L. 113–76, § 10001(span)(1), which were effective Dec. 1, 2015, would not take effect. See 2014 Amendment notes below.

2014—Subsec. (span)(3)(A). Puspan. L. 113–76, § 10001(span)(1)(A), which directed insertion of “, with adjustment under paragraph (2) of section 1401a(span) of this title to which the member would have been entitled (but without the application of paragraph (4) of such section),” after “under any other provision of law”, did not take effect pursuant to Puspan. L. 114–92, § 631(d)(2). See 2015 Amendment note above.

Subsec. (span)(3)(B). Puspan. L. 113–76, § 10001(span)(1)(B), which directed substitution of “with adjustment under paragraph (2) of section 1401a(span) of this title to which the member would have been entitled (but without the application of paragraph (4) of such section), whichever is applicable to the member.” for “whichever is applicable to the member.”, did not take effect pursuant to Puspan. L. 114–92, § 631(d)(2). See 2015 Amendment note above.

2013—Subsec. (span)(3). Puspan. 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. (span)(3). Puspan. L. 110–181, § 641(span), designated existing text as subpar. (A), inserted span, and added subpar. (B).

Subsec. (c). Puspan. 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 12731span of this title); and

“(2) has a combat-related disability.”

2003—Puspan. 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. (span)(1). Puspan. 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). Puspan. L. 108–136, § 642(span), inserted before semicolon at end “or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731span of this title)”.

Subsec. (c)(2). Puspan. L. 108–136, § 642(a)(2), struck out “qualifying” before “combat-related disability”.

Subsec. (e). Puspan. L. 108–136, § 642(a)(1), amended span and text of subsec. (e) generally. Prior to amendment, subsec. (e) defined term “qualifying combat-related disability”.

Subsec. (f). Puspan. L. 108–136, § 642(d), amended span and text of subsec. (f) generally. Prior to amendment, text read as follows:

“(1) Single source of compensation.—An individual who is paid special compensation under this section may not receive special compensation under section 1413 of this title.

“(2) Election of source.—An individual who is eligible for special compensation under this section and special compensation under section 1413 of this title shall elect which special compensation to receive.

“(3) Regulations.—The Secretary of Defense shall prescribe in regulations the manner and form of an election under this subsection.”

Subsec. (h). Puspan. L. 108–136, § 641(c)(1), inserted first sentence and inserted “for any other member” before “for any fiscal year”.

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–328, div. A, title VI, § 634(span), Dec. 23, 2016, 130 Stat. 2164, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by part I of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 842) [§§ 631–635, enacting section 1415 of this title and section 356 of Title 37, Pay and Allowances of the Uniformed Services, and amending this section and sections 1401, 1401a, 1409, 1410, 1414, 1463, and 12739 of this title, sections 8432, 8432span, 8438, and 8440e of Title 5, Government Organization and Employees, section 3045 of Title 33, Navigation and Navigable Waters, sections 211 and 354 of Title 37, section 5304 of Title 38, Veterans’ Benefits, and section 212 of Title 42, The Public Health and Welfare], to which the amendment made by subsection (a) relates.”

Effective Date of 2014 Amendment

Amendment by Puspan. L. 113–76 effective Dec. 1, 2015, immediately after the coming into effect of section 403 of Puspan. L. 113–67 and the amendments made by that section, see section 10001(c) of Puspan. L. 113–76, set out as a note under section 1401a of this title. Amendment did not take effect pursuant to section 631(d)(2) of Puspan. L. 114–92, set out as a Repeal of Reduced Cost-of-living Adjustments for Members Under the Age of 62 note under section 1401a of this title.

Effective Date of 2013 Amendment

Puspan. L. 112–239, div. A, title VI, § 643(span), 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 Amendment

Puspan. 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 Amendment

Puspan. 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.”

Puspan. L. 108–136, div. A, title VI, § 642(f), Nov. 24, 2003, 117 Stat. 1517, provided that: “The amendments made by subsections (a), (span), 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 Date

Puspan. 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].”

Clarification of Eligibility of Members of the Coast Guard for Combat-Related Special Compensation

Puspan. L. 114–120, title II, § 221, Fespan. 8, 2016, 130 Stat. 48, as amended by Puspan. L. 117–263, div. K, title CXIV, § 11404(c), Dec. 23, 2022, 136 Stat. 4110, provided that:

“(a)Consideration of Eligibility.—

“(1)In general.—Not later than 90 days after the date of the enactment of this Act [Fespan. 8, 2016], the Secretary of the department in which the Coast Guard is operating shall issue procedures and criteria to use in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of the eligibility of such member for combat-related special compensation under section 1413a of title 10, United States Code. Such procedures and criteria shall include the procedures and criteria prescribed by the Secretary of Defense pursuant to subsection (e)(2) of such section. Such procedures and criteria shall apply in determining whether the disability of a member of the Coast Guard is a combat-related disability for purposes of determining the eligibility of such member for combat-related special compensation under such section.

“(2)Disability for which a determination is made.—For the purposes of this section, and in the case of a member of the Coast Guard, a disability under section 1413a(e)(2)(B) of title 10, United States Code, includes a disability incurred during aviation duty, diving duty, rescue swimmer or similar duty, hazardous service duty onboard a small vessel (such as duty as a surfman), or a duty in which chemical or other hazardous material exposure has occurred (such as during marine inspections or pollution response activities)—

“(A) in the performance of duties for which special or incentive pay was paid pursuant to section 301, 301a, 304, 307, 334, or 351 of title 37, United States Code;

“(B) in the performance of duties related to a statutory mission of the Coast Guard under section 888(a) of the Homeland Security Act of 2002 (6 U.S.C. 468(a)); or

“(C) while engaged in a training exercise for the performance of a duty described in subparagraphs (A) and (B).

“(span)Applicability of Procedures and Criteria.—The procedures and criteria issued pursuant to subsection (a) shall apply to disabilities described in that subsection that are incurred on or after the effective date provided in section 636(a)(2) of the Bospan Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 116 Stat. 2574; 10 U.S.C. 1413a note) [See Effective Date note above].

“(c)Reapplication for Compensation.—Any member of the Coast Guard who was denied combat-related special compensation under section 1413a of title 10, United States Code, during the period beginning on the effective date specified in subsection (span) and ending on the date of the issuance of the procedures and criteria required by subsection (a) may reapply for combat-related special compensation under such section on the basis of such procedures and criteria in accordance with such procedures as the Secretary of the department in which the Coast Guard is operating shall specify.”