I
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FORMER SPOUSE SHARE OF SEPARATION BEN-
EFITS.
(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 sepa-
ration pay under this section shall be subject to a court
order treating the separation pay as property of the mem-
ber 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 be-
comes 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 add-
ing 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 be-
comes 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 Separa-
tion 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 re-
ferred 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
AUTHOR-
IZED.—’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following new sub-
section:
‘‘(b) EFFECT OF DIVORCE, DISSOLUTION, OR AN-
NULMENT.—If after the date of the enactment of this sub-
section, a decree of divorce, dissolution, or annulment re-
garding 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 con-
tinue 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.’’.
Æ