2002 House Concurrent Resolution 1009 | South Dakota Legislature

HCR 1009 Urging congressional approval of military...

State of South Dakota

SEVENTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2002

390H0639

HOUSE CONCURRENT RESOLUTION NO. 1009

Introduced by: Representatives Smidt, Adelstein, Bradford, Brown (Jarvis), Brown (Richard), Burg, Duenwald, Duniphan, Eccarius, Garnos, Hansen (Tom), Heineman, Jaspers, Juhnke, Konold, Lange, Michels, Pederson (Gordon), Peterson (Bill), Pitts, Pummel, Sebert, Slaughter, Solum, Van Gerpen, and Wick and Senators Brown (Arnold), Brosz, Dennert, Diedrich (Larry), Duxbury, Greenfield, Munson, and Putnam

A CONCURRENT RESOLUTION, Urging congressional approval of military retirement pay and veterans' disability compensation.

WHEREAS, Title 38, United States Code, prohibits the concurrent receipt of both military retirement pay for longevity from the Department of Defense and disability compensation from the Department of Veterans Affairs; and

WHEREAS, current retirees and those currently in the military who choose to make the military a career should not be burdened with lifelong financial penalties on top of their service- connected disabilities; and

WHEREAS, veterans retired from military service based on longevity are required to waive from their military retirement pay an amount equal to compensation paid by the Department of Veterans Affairs for service-connected disability; and

WHEREAS, military retirees are the only federal personnel required to do so; and

WHEREAS, the Legislature of the State of South Dakota believes that it is unfair to prohibit

military retirees from receiving both retirement pay and disability compensation; and

WHEREAS, all the major veteran service organizations in South Dakota advocate legislation to permit concurrent receipt:

NOW, THEREFORE, BE IT RESOLVED, by the House of Representatives of the Seventy- seventh Legislature of the State of South Dakota, the Senate concurring therein, that the South Dakota Legislature strongly urges and advocates the passing of legislation by the Congress to permit the concurrent receipt of longevity military retirement pay and disability compensation without offset from either department.