10 U.S.C. § 1413
Section 1413 · Repealed. Pub. L. 108136, div. A, title VI, 641(b), Nov. 24, 2003, 117 Stat. 1514]
Amended 3 times on record
Applied in 14 court decisions — leading case Bandini v. Bandini (2010)
Most recently applied in Martin v. United States (July 2017)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Authority.—The Secretary concerned shall pay to each eligible disabled uniformed services retiree a monthly amount determined under subsection (b). If the provisions of subsection (a) of section 1414 of this title become effective in accordance with subsection (f) of that section, payments under this section shall be terminated effective as of the month beginning on the effective date specified in subsection (e) of that section.
(b) Amount.—The amount to be paid to an eligible disabled uniformed services retiree in accordance with subsection (a) is the following:
(1) For payments for months beginning with February 2002 and ending with December 2002, the following:
(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $300.
(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200.
(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 70 percent, $100.
(D) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.
(2) For payments for months beginning with January 2003 and ending with September 2004, the following:
(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $325.
(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $225.
(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $125.
(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $100.
(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.
(3) For payments for months after September 2004, the following:
(A) For any month for which the retiree has a qualifying service-connected disability rated as total, $350.
(B) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $250.
(C) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent, $150.
(D) For any month for which the retiree has a qualifying service-connected disability rated as 70 percent, $125.
(E) For any month for which the retiree has a qualifying service-connected disability rated as 60 percent, $50.
(c) Eligible Members.—An eligible disabled uniformed services retiree referred to in subsection (a) is a member of the uniformed services in a retired status who—
(1) 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; and
(2) has a qualifying service-connected disability.
(d) Qualifying Service-Connected Disability Defined.—In this section, the term “qualifying service-connected disability” means a service-connected disability that—
(1) was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and
(2) is rated as not less than 60 percent disabling—
(A) by the Secretary concerned as of the date on which the member is retired from the uniformed services; or
(B) by the Secretary of Veterans Affairs within four years following the date on which the member is retired from the uniformed services.
(e) Status of Payments.—Payments under this section are not retired pay.
(f) Source of Funds.—Payments under this section for any fiscal year shall be paid out of funds appropriated for pay and allowances payable by the Secretary concerned for that fiscal year.
(g) Other Definitions.—In this section:
(1) The term “service-connected” has the meaning given that term in section 101 of title 38.
(2) The term “disability rated as total” means—
(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or
(B) a disability for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities.
(3) The term “retired pay” includes retainer pay, emergency officers’ retirement pay, and naval pension.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Amendments
2001—Subsec. (a). Pub. L. 107–107, §641(b), inserted at end “If the provisions of subsection (a) of section 1414 of this title become effective in accordance with subsection (f) of that section, payments under this section shall be terminated effective as of the month beginning on the effective date specified in subsection (e) of that section.”
Subsec. (b)(1) to (3). Pub. L. 107–107, §641(e)(1), added pars. (1) to (3) and struck out former pars. (1) to (3) which read as follows:
“(1) For any month for which the retiree has a qualifying service-connected disability rated as total, $300.
“(2) For any month for which the retiree has a qualifying service-connected disability rated as 90 percent, $200.
“(3) For any month for which the retiree has a qualifying service-connected disability rated as 80 percent or 70 percent, $100.”
Subsec. (d)(2). Pub. L. 107–107, §641(e)(2), substituted “60 percent” for “70 percent” in introductory provisions.
2000—Subsec. (c). Pub. L. 106–398 struck out “(other than a member who is retired under chapter 61 of this title)” after “retired status” in introductory provisions.
Effective Date of 2001 Amendment
Pub. L. 107–107, div. A, title VI, §641(e)(3), Dec. 28, 2001, 115 Stat. 1151, provided that: “The amendments made by this subsection [amending this section] shall take effect on February 1, 2002.”
Effective Date of 2000 Amendment
Pub. L. 106–398, §1 [[div. A], title VI, §657(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–166, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2001, and shall apply to months that begin on or after that date. No benefit may be paid under section 1413 of title 10, United States Code, to any person by reason of the amendment made by subsection (a) for any period before that date.”
Effective Date
Pub. L. 106–65, div. A, title VI, §658(b), Oct. 5, 1999, 113 Stat. 669, provided that: “Section 1413 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1999, and shall apply to months that begin on or after that date. No benefit may be paid to any person by reason of that section for any period before that date.”