71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
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 LC 2736
 
                     Senate Joint Memorial 5
 
Sponsored by Senator CORCORAN (at the request of John Stout)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Urges Congress to grant disabled career military personnel
right to receive earned military retirement pay and Veterans
Administration disability compensation.
 
                         JOINT MEMORIAL
To the President of the United States, the Senate and the House
  of Representatives of the United States of America, in Congress
  assembled, and the Secretary of Defense:
  We, your memorialists, the Seventy-first Legislative Assembly
of the State of Oregon, in legislative session assembled,
respectfully represent as follows:
  Whereas American servicemen and women have dedicated their
careers to protect the rights we all enjoy; and
  Whereas career military personnel endured hardships, privation,
the threat of death or disability and long separations from their
families in service to our country; and
  Whereas those soldiers and sailors who have made a career of
defending our great nation in peace and war have been integral to
the success of our military forces from the Revolutionary War to
present day; and
  Whereas there exists a gross inequity in the federal statutes
that denies disabled career military personnel equal rights to
receive Veterans Administration disability compensation
concurrent with receipt of earned military retirement pay; and
  Whereas legislation has been introduced in the United States
Congress to remedy this inequity applicable to career military
personnel dating back to the 19th century; and
  Whereas career military personnel earn retirement benefits
based on longevity of 20 years for honorable and faithful service
and rank at the time of retirement; and
  Whereas the injustice concerns those veterans who are both
retired with a minimum of 20 years and are denied concurrent
receipt of hard earned military retirement pay and Veterans
Administration awards for service connected with disability; and
  Whereas Veterans Administration compensations serve a different
purpose from earned military retirement pay and are intended to
compensate for pain, suffering, disfigurement, chemical exposure,
wound injuries and loss of earning ability, and eligibility
requires a minimum of 90 days of active duty; and
  Whereas the prevailing idea that earned military retirement pay
is 'free' is inaccurate; and
  Whereas traditionally, career military personnel receive lower
pay and retirement benefits than their civilian counterparts and
have invested a lifetime of hardships and long hours without the
benefit of overtime pay and lacking the freedom of expression
provided through unions; and
  Whereas the Veterans Administration awards dependent allowances
to disabled veterans having a 30 percent disability or more for
each dependent, which allowances are increased with a higher
amount of disability; and
  Whereas the United States Department of Defense deducts the
entire amount of dependent allowance, essentially leaving the
disabled military retiree with no dependent allowance and thereby
extending the discrimination to the families of disabled military
retirees; and
  Whereas it is unfair to require disabled military retirees to
fund their own Veterans Administration compensation by deductions
on a dollar for dollar basis in the United States Department of
Defense; and
  Whereas no such deduction applies to similarly situated federal
civil service or congressional retirement benefits in order to
receive Veterans Administration compensation; and
  Whereas a statutory change is necessary to correct this
injustice and to ensure that America's commitment to national and
international goals be matched by the same allegiance to those
who sacrificed on behalf of those goals; now, therefore,
Be It Resolved by the Legislative Assembly of the State of
  Oregon:
  That the Legislative Assembly of the State of Oregon urges the
United States Congress to allow the concurrent receipt of earned
military retirement pay and Veterans Administration compensation,
including dependent allowances; and be it further
  Resolved, That a copy of this memorial shall be sent to the
President of the United States, the Secretary of Defense and to
each member of the Oregon Congressional Delegation.
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