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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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. FORMER SPOUSE SHARE OF SEPARATION BEN4 EFITS.

5 (a) SPECIAL SEPARATION BENEFIT.—Section 1174a

6 of title 10, United States Code, is amended by adding at

7 the end the following new subsection:
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1 ‘‘(i) FORMER SPOUSE SHARE.—(1) Payment of sepa2 ration pay under this section shall be subject to a court

3 order treating the separation pay as property of the mem4 ber and the member’s spouse or former spouse in the same

5 manner as retired pay is treated under section 1408 of

6 this title.

7 ‘‘(2) This subsection shall apply only in the case of

8 a decree of divorce, dissolution, or annulment that be9 comes final on or after the date of the enactment of this

10 subsection, except that this subsection shall apply in the

11 case of a decree of divorce, dissolution, or annulment that

12 became final before such date if the spouse or former

13 spouse has a court order (authorized by section 1408 of

14 this title) providing for the treatment of the retired pay

15 of the member, or the treatment of the Special Separation

16 Benefit, as the property of the member and the member’s

17 spouse or former spouse. In such a case, the Secretary

18 concerned shall treat the court order as if it referred to

19 separation pay under this section rather than to retired

20 pay.’’.

21 (b) VARIABLE SEPARATION INCENTIVE.—Section

22 1175 of title 10, United States Code, is amended by add23 ing at the end the following new subsection:

24 ‘‘(k) FORMER SPOUSE SHARE.—(1) Payment of a

25 voluntary separation incentive under this section shall be
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1 subject to a court order treating the voluntary separation

2 incentive as property of the member and the member’s

3 spouse or former spouse in the same manner as retired

4 pay is treated under section 1408 of this title.

5 ‘‘(2) This subsection shall apply only in the case of

6 a decree of divorce, dissolution, or annulment that be7 comes final on or after the date of the enactment of this

8 subsection, except that this subsection shall apply in the

9 case of a decree of divorce, dissolution, or annulment that

10 became final before such date if the spouse or former

11 spouse has a court order (authorized by section 1408 of

12 this title) providing for the treatment of the retired pay

13 of the member, or the treatment of the Variable Separa14 tion Incentive, as the property of the member and the

15 member’s spouse or former spouse. In such a case, the

16 Secretary concerned shall treat the court order as if it re17 ferred to voluntary separation incentive payments under

18 this section rather than to retired pay.’’.

19 SEC. 2. CONTINUATION OF TRANSITIONAL COMMISSARY

20 AND EXCHANGE BENEFITS FOR FORMER

21 SPOUSES.

22 Section 1146 of title 10, United States Code, is

23 amended—

24 (1) by inserting ‘‘(a) BENEFITS AUTHOR25 IZED.—’’ before ‘‘The Secretary’’; and
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1 (2) by adding at the end the following new sub2 section:

3 ‘‘(b) EFFECT OF DIVORCE, DISSOLUTION, OR AN4 NULMENT.—If after the date of the enactment of this sub5 section, a decree of divorce, dissolution, or annulment re6 garding a member and the spouse of the member becomes

7 final during the two-year period specified in subsection (a)

8 with respect to the member, the former spouse shall con9 tinue to be eligible to use commissary and exchange stores

10 for the remainder of such period in the same manner as

11 if the former spouse was still married to the member.’’.

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