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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3574 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3574

To amend title 10, United States Code, to provide improved benefits for 
former spouses of certain members of the uniformed services voluntarily 
or involuntarily discharged during the reduction in levels of military 
                               personnel.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           November 19, 1993

Mrs. Schroeder introduced the following bill; which was referred to the 
                      Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
To amend title 10, United States Code, to provide improved benefits for 
former spouses of certain members of the uniformed services voluntarily 
or involuntarily discharged during the reduction in levels of military 
                               personnel.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FORMER SPOUSE SHARE OF SEPARATION BENEFITS.

    (a) Special Separation Benefit.--Section 1174a of title 10, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(i) Former Spouse Share.--(1) Payment of separation pay under 
this section shall be subject to a court order treating the separation 
pay as property of the member and the member's spouse or former spouse 
in the same manner as retired pay is treated under section 1408 of this 
title.
    ``(2) This subsection shall apply only in the case of a decree of 
divorce, dissolution, or annulment that becomes final on or after the 
date of the enactment of this subsection, except that this subsection 
shall apply in the case of a decree of divorce, dissolution, or 
annulment that became final before such date if the spouse or former 
spouse has a court order (authorized by section 1408 of this title) 
providing for the treatment of the retired pay of the member, or the 
treatment of the Special Separation Benefit, as the property of the 
member and the member's spouse or former spouse. In such a case, the 
Secretary concerned shall treat the court order as if it referred to 
separation pay under this section rather than to retired pay.''.
    (b) Variable Separation Incentive.--Section 1175 of title 10, 
United States Code, is amended by adding at the end the following new 
subsection:
    ``(k) Former Spouse Share.--(1) Payment of a voluntary separation 
incentive under this section shall be subject to a court order treating 
the voluntary separation incentive as property of the member and the 
member's spouse or former spouse in the same manner as retired pay is 
treated under section 1408 of this title.
    ``(2) This subsection shall apply only in the case of a decree of 
divorce, dissolution, or annulment that becomes final on or after the 
date of the enactment of this subsection, except that this subsection 
shall apply in the case of a decree of divorce, dissolution, or 
annulment that became final before such date if the spouse or former 
spouse has a court order (authorized by section 1408 of this title) 
providing for the treatment of the retired pay of the member, or the 
treatment of the Variable Separation Incentive, as the property of the 
member and the member's spouse or former spouse. In such a case, the 
Secretary concerned shall treat the court order as if it referred to 
voluntary separation incentive payments under this section rather than 
to retired pay.''.

SEC. 2. CONTINUATION OF TRANSITIONAL COMMISSARY AND EXCHANGE BENEFITS 
              FOR FORMER SPOUSES.

    Section 1146 of title 10, United States Code, is amended--
            (1) by inserting ``(a) Benefits Authorized.--'' before 
        ``The Secretary''; and
            (2) by adding at the end the following new subsection:
    ``(b) Effect of Divorce, Dissolution, or Annulment.--If after the 
date of the enactment of this subsection, a decree of divorce, 
dissolution, or annulment regarding a member and the spouse of the 
member becomes final during the two-year period specified in subsection 
(a) with respect to the member, the former spouse shall continue to be 
eligible to use commissary and exchange stores for the remainder of 
such period in the same manner as if the former spouse was still 
married to the member.''.

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