[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 606 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 606

 To amend title 10, United States Code, to correct an inequity in the 
 provisions relating to the payment of benefits under court orders in 
the case of dependents who are victims of abuse by members of the Armed 
                  Forces losing right to retired pay.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 17 (legislative day, March 3), 1993

 Mr. Domenici introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend title 10, United States Code, to correct an inequity in the 
 provisions relating to the payment of benefits under court orders in 
the case of dependents who are victims of abuse by members of the Armed 
                  Forces losing right to retired pay.

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

SECTION 1. BENEFITS FOR DEPENDENTS OF MEMBERS OF THE ARMED FORCES 
              PENDING LOSS OF RIGHT TO RETIRED PAY AS A RESULT OF A 
              COURT-MARTIAL.

    (a) Payment Required.--Subsection (h) of section 1408 of title 10, 
United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following new 
        paragraph (10):
    ``(10)(A) For purposes of this subsection, in the case of a member 
of the armed forces who has been sentenced by a court-martial to 
receive a punishment that will terminate the eligibility of that member 
to receive retired pay if executed, the eligibility of that member to 
receive retired pay shall be considered terminated effective upon the 
approval of that sentence by the court-martial convening authority.
    ``(B) If each form of the punishment that would result in the 
termination of eligibility to receive retired pay is later remitted, 
set aside, or mitigated to a punishment that does not result in the 
termination of that eligibility, a payment of benefits to the eligible 
recipient under this subsection that is based on the punishment so 
vacated, set aside, or mitigated shall cease. The cessation of payments 
shall be effective as of the first day of the first month following the 
month in which the Secretary of the military department concerned 
notifies the recipient of such benefits in writing that payment of the 
benefits will cease. The recipient may not be required to repay the 
benefits received before that effective date (except to the extent 
necessary to recoup any amount that was erroneous when paid).''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as of October 23, 1992, and shall apply as if the 
provisions of the paragraph (10) of section 1408(h) of title 10, United 
States Code, added by such subsection were included in the amendment 
made by section 653(a)(2) of Public Law 102-484 (106 Stat. 2426).

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