When a U.S. military member retires from service, he or she qualifies for retirement pay.
Then there are disability benefits for members suffering service-related injuries and any service member with more 20 years in the military can get both benefits fully paid.
But under current law, a military member with a career of less than 20 years cannot get full retirement and disability benefits simultaneously. Rather, the retirement pay is reduced by the value of the disability benefit.
“Current law requires a dollar-for-dollar offset of these two benefits, meaning they have to forfeit a portion of the benefits they earned in service,” said the Wounded Warriors Project in its explanation of the realities facing such retirees.
A bill pending in Congress aims to change that. The Major Richard Star Act, or HR 1282, would do away with the 20-year requirement for service to qualify for the benefits.
According to Wounded Warriors, 42,000 retirees nationwide fall into the ineligible category for both benefits.
“It is time to fully honor veterans who were medically retired as a result of injuries incurred in combat or combat-related training,” says Wounded Warriors. “Regardless of time in service, these veterans have earned all their benefits through their extraordinary sacrifice in defending our nation.”
HR 1282, sponsored by Florida Republican Gus Bilirakis, has attracted both GOP and Democrat support, with more than 300 lawmakers signed on as co-sponsors. Among San Joaquin Valley legislators, Democrat Jim Costa of Fresno has joined Republicans David Valadao of Hanford and Tom McClintock of Elk Grove in backing the bill.
Conspicuously absent from co-sponsoring, at least to this point, is Republican Rep. John Duarte of Modesto and GOP House Speaker of Kevin McCarthy. An email to McCarthy’s office inquiring about whether he intended to support it went unanswered.
Support from McCarthy will become critical as the bill makes its way through the House. If McCarthy decides to champion the act, it should have an easy passage. This should be a no-brainer for him.
Moving through the Senate is a similar bill sponsored by Democrat Jon Tester of Montana and Republican Mike Crapo of Idaho. Any differences will be ironed out in a conference committee.
San Joaquin Valley veterans
Kyle Pennington, Fresno County’s veteran’s services officer, said the act could help many veterans locally.
“It would make a huge difference,” he said. “Believe it or not, we have close to 45,000 veterans in Fresno County. Not all would qualify because not all are retirees, but a large number are.”
Another 15,500 vets are in Tulare County. Kings County has 8,500, while Madera County has 6,000.
Pennington said that currently vets without 20 years of service have to choose between regular retirement or taking disability if they qualify.
“The beautiful thing about this bill is it allows vets to have both things,” Pennington said.
Extend full benefits
Richard Star was a decorated veteran who was forced to retire due to wartime injuries. He died in 2021 from cancer. Helping take up the cause of extending full benefits is his widow, Tonya D. Star.
There is no reason to deny full benefits to all American military personnel who have to retire early due to injury or other service-related medical conditions, regardless of how long they served.
Speaker McCarthy should support HR 1282 as soon as possible. As Wounded Warriors says, getting both retirement and disability should not be considered “double dipping,” but appropriate financial payment for veterans who give their full measure to service.
