I
104TH CONGRESS
2D SESSION
H. R. 3408
To amend title 10, United States Code, to revise the provisions of law
relating to payment of retired pay of retired members of the Armed
Forces to former spouses, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 7, 1996
Mr. SCARBOROUGH introduced the following bill; which was referred to the
Committee on National Security
A BILL
To amend title 10, United States Code, to revise the provi-
sions of law relating to payment of retired pay of retired
members of the Armed Forces to former spouses, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO UNIFORMED SERVICES
FORMER SPOUSES’ PROTECTIONS ACT.
(a) DIVISION OF RETIRED PAY TO BE BASED ON
GRADE AND YEARS OF SERVICE OF SERVICEMEMBER
WHEN DIVORCED.—(1) Section 1408(c) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
‘‘(5)(A) In the case of a member as to whom a final
decree of divorce, dissolution, annulment, or legal separa-
tion is issued before the date the member begins to receive
retired pay, the disposable retired pay of the member that
a court may treat in the manner described in paragraph
(1) shall be computed based on the pay grade, and the
length of service, of the member while married that are
creditable for purposes of determining entitlement to basic
pay and to retired pay on the date of the final decree.
Amounts so calculated shall be increased by the cumu-
lative percentage of increases in basic pay between the
date of the final decree and the effective date of the mem-
ber’s retirement.
‘‘(B) With respect to payments to a former spouse
from a member’s disposable retired pay pursuant to a
court order issued before the date of the enactment of this
paragraph, the Secretary shall—
‘‘(i) within 90 days of such date, recompute the
amounts of those payments in accordance with sub-
paragraph (A); and
‘‘(ii) within 180 days of such date, adjust the
amount of disposable retired pay payable to the
former spouse accordingly.’’.
(2) The amendment made by paragraph (1) shall
apply with respect to decrees of divorce, dissolution, or an-
nulment that are issued after the date of the enactment
of this Act.
(b) STATUTE OF LIMITATIONS FOR FORMER SPOUSE
ASSERTION
OF RIGHTS.—Section 1408(c) of title 10,
United States Code, is amended by adding after para-
graph (5), as added by subsection (a), the following new
paragraph:
‘‘(6) A court may not treat the disposable retired pay
of a member in the manner described in paragraph (1)
unless the member’s spouse or former spouse makes prop-
er application to a court for division or partition of retired
pay of the member as property of the member and the
member’s spouse or former spouse within one year of the
date of a final decree of divorce, dissolution, annulment,
or legal separation, including a court ordered, ratified, or
approved property settlement incident to such a decree.’’.
(2) The amendment made by paragraph (1) shall
apply with respect to decrees of divorce, dissolution, or an-
nulment that are issued after the date of the enactment
of this Act.
(c) COMMISSARY AND EXCHANGE PRIVILEGES.—(1)
Section 1005 of the Uniformed Services Former Spouses’
Protection Act (10 U.S.C. 1408 note) is amended to read
as follows:
‘‘COMMISSARY AND EXCHANGE PRIVILEGES
‘‘SEC. 1005. The Secretary of Defense shall prescribe
such regulations as may be neceesary to provide that a
former spouse of a member of the uniformed services loses
commissary and exchange privileges when a decree of di-
vorce, dissolution, or annulment becomes final.’’.
(2) The amendment made by paragraph (1) shall
take effect on the date of the enactment of this Act and
shall apply with respect to decrees of divorce, dissolution,
or annulment that are issued before, on, or after that date.
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