117 STAT. 1514
PUBLIC LAW 108–136—NOV. 24, 2003
‘‘(2) ANNUAL OPEN SEASON.—The Secretary concerned shall provide for an annual period (referred to as an ‘open season’) during which a person described in paragraph (1) shall have the right to make an election to change from receipt of special compensation in accordance with section 1413a of this title to receipt of retired pay in accordance with this section, or the reverse, as the case may be. Any such election shall be made under regulations prescribed by the Secretary concerned. Such regulations shall provide for the form and manner for making such an election and shall provide for the date as of when such an election shall become effective. In the case of the Secretary of a military department, such regulations shall be subject to approval by the Secretary of Defense. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) RETIRED PAY.—The term ‘retired pay’ includes retainer pay, emergency officers’ retirement pay, and naval pension. ‘‘(2) VETERANS’ DISABILITY COMPENSATION.—The term ‘veterans’ disability compensation’ has the meaning given the term ‘compensation’ in section 101(13) of title 38. ‘‘(3) DISABILITY RATED AS TOTAL.—The term ‘disability rated as total’ means— ‘‘(A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or ‘‘(B) a disability, or combination of disabilities, 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 disabilities for which veterans’ disability compensation may be paid. ‘‘(4) CURRENT BASELINE OFFSET.— ‘‘(A) IN GENERAL.—The term ‘current baseline offset’ for any qualified retiree means the amount for any month that is the lesser of— ‘‘(i) the amount of the applicable monthly retired pay of the qualified retiree for that month; and ‘‘(ii) the amount of monthly veterans’ disability compensation to which the qualified retiree is entitled for that month. ‘‘(B) APPLICABLE RETIRED PAY.—In subparagraph (A), the term ‘applicable retired pay’ for a qualified retiree means the amount of monthly retired pay to which the qualified retiree is entitled, determined without regard to this section or sections 5304 and 5305 of title 38, except that in the case of such a retiree who was retired under chapter 61 of this title, such amount is the amount of retired pay to which the member would have been entitled under any other provision of law based upon the member’s service in the uniformed services if the member had not been retired under chapter 61 of this title.’’. (b) REPEAL OF SUPERCEDED SPECIAL COMPENSATION AUTHORITY.—Section 1413 of title 10, United States Code, is repealed. (c) SOURCE OF FUNDS FOR SPECIAL COMPENSATION AUTHORITIES FOR DEPARTMENT OF DEFENSE RETIREES.—
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