12 2 STA T . 1 57PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 SEC.642 . IN C LU SI O NO FV E T E RA NS W IT H SERVICE - CONNECTE D DISA B ILITIES RATED AS TOTAL B Y REASON OF UNE MP LOYABILITY UNDER TERMINATION OF PHASE-IN OF CONCURRENT RECEIPT OF RETIRED PAY AND VET- ERANS ’ DISABILITY COMPENSATION. (a)INCLUSIO NO FVET E RA NS .—Section14 14(a)(1) o f tit l e1 0,U nite d State sC ode, is a m ended by st r i k in g‘ ‘e x ce p tt h at ’ ’ and all that follo w s and inserting ‘‘except that payment of retired pay iss u b j ect to subsection (c) only during the period beginning on J anuary 1, 2 004, and ending on D ecember 3 1, 2004, in the case of the following
‘‘( A )A q ualified retiree recei v ing veterans’ disability compensation for a disability rated as 100 percent. ‘‘( B ) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent dis - ability by reason of a determination of individual unemployability.’’. (b) E FFECTI V E DATE.— (1) IN G ENERAL.—Subject to paragraph (2), the amendment made by subsection (a) shall take effect as of December 31, 2004. (2) T I M ING OF P A Y MENT OF RETROACTIVE B ENEFITS.—Any amount payable for a period before O ctober 1, 200 8 , by reason of the amendment made by subsection (a) shall not be paid until after that date. SEC. 64 3 . RECOUPMENT OF ANNUITY AMOUNTS PREVIOUSLY PAID , BUT SUB J ECT TO OFFSET FOR DEPENDENCY AND INDEM- NITY COMPENSATION. (a) L IMITATION ON R ECOUPMENT
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OTIFICATION RE Q UIRE- MENTS.—Section 14 5 0(c) of title 10, United States Code, is amended by adding at the end the following new paragraph: ‘‘(3) LIMITATION ON RECOUPMENT OF OFFSET AMOUNT.—Any amount subject to offset under this subsection that was pre- viously paid to the surviving spouse or former spouse shall be recouped only to the extent that the amount paid exceeds any amount to be refunded under subsection (e). In notifying a surviving spouse or former spouse of the recoupment require- ment, the Secretary shall provide the spouse or former spouse— ‘‘(A) a single notice of the net amount to be recouped or the net amount to be refunded, as applicable, under this subsection or subsection (e); ‘‘(B) a written explanation of the statutory require- ments for recoupment of the offset amount and for refund of any applicable amount deducted from retired pay; ‘‘(C) a detailed accounting of how the offset amount being recouped and retired pay deduction amount being refunded were calculated; and ‘‘(D) contact information for a person who can provide information about the offset recoupment and retired pay deduction refund processes and answer questions the sur- viving spouse or former spouse may have about the require- ments, processes, or amounts.’’. (b) APPLICATION.— P aragraph (3) of subsection (c) of section 1450 of title 10, United States Code, as added by subsection (a), shall apply with respect to the recoupment on or after April 1, 2008, of amounts subject to offset under such subsection. 10USC 1 45 0 note. 10 USC 1414 note.
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