USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF SERVICE AND RETIRED PAY COST-OF-LIVING ADJUSTMENTS, RATHER THAN FINAL RETIREMENT PAY GRADE AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY.

SEC. 641. USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF SERVICE AND RETIRED PAY COST-OF-LIVING ADJUSTMENTS, RATHER THAN FINAL RETIREMENT PAY GRADE AND YEARS OF SERVICE, IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY. (a) In General.—Section 1408(a)(4) of title 10, United States Code, is amended— (1) by redesignating subparagraphs (A), (B), (C), (D) as clauses (i), (ii), (iii), (iv), respectively; (2) by inserting “(A)” after “(4)”; (3) in subparagraph (A), as designated by paragraph (2), by inserting “(as determined pursuant to subparagraph (B)” after “member is entitled”; and (4) by adding at the end the following new subparagraph: “(B) For purposes of subparagraph (A), the total monthly retired pay to which a member is entitled shall be— “(i) the amount of basic pay payable to the member for the member’s pay grade and years of service at the time of the court order, as increased by “(ii) each cost-of-living adjustment that occurs under section 1401a(b) of this title between the time of the court order and the time of the member’s retirement using the adjustment provisions under that section applicable to the member upon retirement.” . (b) [10 U.S.C. 1408 note] Application of Amendments.—The amendments made by subsection (a) shall apply with respect to any division of property as part of a final decree of divorce, dissolution, annulment, or legal separation involving a member of the Armed Forces to which section 1408 of title 10, United States Code, applies that becomes final after the date of the enactment of this Act.