AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT

SEC. 555. AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES’ PROTECTION ACT (a) Prohibition of Certain Retroactive Court Orders.— Subsection (c)(1) of section 1408 of title 10, United States Code, is amended by adding at the end the following new sentence: “A court may not treat retired pay as property in any proceeding to divide or partition any amount of retired pay of a member as the property of the member and the member’s spouse or former spouse if a final decree of divorce, dissolution, annulment, or legal separation (including a court ordered, ratified, or approved property settlement incident to such decree) affecting the member and the member’s spouse or former spouse (A) was issued before June 25, 1981, and (B) did not treat (or reserve jurisdiction to treat) any amount of retired pay of the member as property of the member and the member’s spouse or former spouse.”. (b) Reductions Allowed for Determination of Disposable Retired Pay.— Subsection (a)(4) of such section is amended— (1) by striking out the semicolon at the end of subparagraph (A) and inserting in lieu thereof “for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay;” (2) by striking out subparagraph (B) and inserting in lieu thereof the following: “(B) are deducted from the retired pay of such member as a result of forfeitures of retired pay ordered by a court-martial or as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38;”; (3) by striking out subparagraphs (C) and (D); and (4) by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively. (c) Clarification of Status of Payments To Spouses and Former Spouses.— Subsection (c)(2) of such section is amended by adding at the end the following new sentence: “Payments by the Secretary concerned under subsection (d) to a spouse or former spouse with respect to a division of retired pay as the property of a member and the member’s spouse under this subsection may not be treated as amounts received as retired pay for service in the uniformed services.”. (d) Clarification of Limits on Payments of Retired Pay.— (1) Paragraph (1) of subsection (e) of such section is amended by striking out “payable under subsection (d)” and inserting in lieu thereof “payable under all court orders pursuant to subsection (c)”. (2) Paragraph (4)(B) of such subsection is amended by striking out “the disposable retired or retainer pay payable to such member” and inserting in lieu thereof “the amount of the retired pay payable104 STAT. 1570 to such member that is considered under section 462 of the Social Security Act (42 U.S.C. 662) to be remuneration for employment that is payable by the United States”. (e) Effective Dates.— (1) The amendment made by subsection (a) shall apply with respect to judgments issued before, on, or after the date of the enactment of this Act. In the case of a judgement issued before the date of the enactment of this Act, such amendment shall not relieve any obligation, otherwise valid, to make a payment that is due to be made before the end of the two-year period beginning on the date of the enactment of this Act. (2) The amendments made by subsections (b), (c), and (d) apply with only respect to divorces, dissolutions of marriage, annulments, and legal separations that become effective after the end of the 90-day period beginning on the date of the enactment of this Act. (f) Technical Amendments.— Such section is further amended— (1) by adding at the end of subsection (a) the following new paragraph: “(7) The term ‘retired pay’ includes retainer pay.”; and (2) by striking out “or retainer” each place it appears. (g) Stylistic Amendments.— Such section is further amended— (1) by inserting “Definitions.—” in subsection (a) after “(a)”; (2) by inserting “Effective Service of Process.—” in subsection (b) after “(b)”; (3) by inserting “Authority for Court To Treat Retired Pay as Property of the Member and Spouse.—” in subsection (c) after “(c)”; (4) by inserting “Payments by Secretary Concerned To Spouse or Former Spouse.—” in subsection (d) after “(d)”; (5) by inserting “Limitations.—” in subsection (e) after “(e)”; (6) by inserting “Immunity of Officers and Employees of United States.—” in subsection (ft after “(f)”; (7) by inserting “Notice To Member of Service of Court Order On Secretary Concerned.—” in subsection (g) after “(g)”; and (8) by inserting “Regulations.—” in subsection (h) after “(h)”.