Sponsors (6)
The bill extends retirement and VA health-care eligibility to Guard members injured on State active duty and clarifies administrative rules, but those gains come with offsets that can reduce individual pay, added administrative delays and coordination burdens, funding uncertainty that can create coverage gaps, and increased potential federal costs.
National Guard members injured while on State active duty will be explicitly eligible for disability retirement, giving injured service members access to retirement protections they previously may have lacked.
National Guard members disabled on State active duty become eligible for VA hospital care and medical services to treat that disability and related conditions, improving access to federal medical treatment.
The bill clarifies legal status and reduces administrative ambiguity for Guard retirees and Secretaries making retirement determinations, simplifying decision-making for state and federal officials.
Guard members retired for disabilities incurred on State active duty may receive lower retired pay or reduced overall income because Federal retired pay can be offset by State or other payments.
Offsets and the rule that VA reimbursement is available only after third‑party claims are exhausted could create administrative complexity and delays—lengthening wait times for payments and increasing coordination burdens on service members, providers, and agencies.
Care and reimbursements are limited to amounts Congress appropriates, so members could face gaps in coverage if the program is underfunded or funding is not provided in a given year.
Based on analysis of 3 sections of legislative text.
Recognizes State active duty disabilities as a distinct basis for Guard disability retirement and authorizes limited VA medical care for those disabilities, with pay offsets and third‑party billing requirements.
Introduced March 4, 2025 by Stephanie I. Bice · Last progress March 4, 2025
Establishes that disabilities a National Guard member incurs while performing State active duty count as a distinct qualifying basis for disability retirement and creates a new VA eligibility category for hospital and medical care for Guard members injured on State active duty. It requires retired pay to be reduced to the extent it duplicates other Federal or State disability benefits and limits VA care reimbursement to available appropriations and after exhaustion of third‑party claims. This changes both retirement-pay computation rules under Title 10 and Veterans Affairs care eligibility under Title 38, clarifying benefit interactions between Federal retirement pay, State benefits, and VA medical care for National Guard members disabled during State active duty.