[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3408 Introduced in House (IH)]

  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 provisions 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 Representatives 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 separation 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 cumulative percentage of increases in basic 
pay between the date of the final decree and the effective date of the 
member'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 subparagraph (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 annulment 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 paragraph (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 proper 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 annulment 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 divorce, 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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