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108th CONGRESS
1st Session
H. R. 1111
To amend title 10, United States Code, to revise the rules relating to
the court-ordered apportionment of the retired pay of members of the
uniformed services to former spouses, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 6, 2003
Mr. Ballenger (for himself, Mr. Andrews, Mr. Sandlin, Mr. Souder, Mr.
Beauprez, Mr. Goode, Mr. Grijalva, Mr. LaHood, Mrs. Myrick, Mr.
Cunningham, and Mr. Hostettler) introduced the following bill; which
was referred to the Committee on Armed Services, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 10, United States Code, to revise the rules relating to
the court-ordered apportionment of the retired pay of members of the
uniformed services 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. SHORT TITLE.
This Act may be cited as the ``Uniformed Services Divorce Equity
Act of 2003''.
SEC. 2. PROPORTIONATE DIVISION OF RETIRED PAY FOR FORMER SPOUSES.
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 court order issued on or after the date
of the enactment of the Uniformed Services Divorce Equity Act of 2003
in which the court, pursuant to paragraph (1), provides for treatment
of the disposable retired pay of a member as property of the member and
the member's spouse, the court (unless otherwise expressly provided for
by a spousal agreement) shall award the spouse or former spouse a share
of such retired pay as follows:
``(i) If the spouse or former spouse was married to the
member throughout the service of the member that is creditable
for computation of retired pay, a share equal to 50 percent of
the disposable retired pay of the member.
``(ii) If the spouse or former spouse was not married to
the member throughout the service of the member that is
creditable for computation of retired pay, a share equal to
that proportion of 50 percent of the disposable retired pay of
the member that is the proportion that--
``(I) the number of days of the marriage of the
former spouse to the participant during periods of such
creditable service bears to the total number of days of
such creditable service; or
``(II) in the case of a member for whom retired pay
is payable under chapter 1223 of this title, the number
of points credited under section 12733 of this title
for computation of the member's retired pay that
accrued during the period of marriage bears to the
total number of points credited under that section for
computation of the member's retired pay.
``(B) In subparagraph (A), the term `spousal agreement' means an
agreement between a member and the member's spouse or former spouse
that--
``(i) is in writing, is signed by the parties, and
is notarized; and
``(ii) has not been modified by court order.''.
SEC. 3. DURATION OF PAYMENT OF RETIRED PAY TO FORMER SPOUSES.
(a) Limitation.--Section 1408(c) of title 10, United States Code,
is amended by adding after paragraph (5), as added by section 2, the
following new paragraph:
``(6)(A) If the period of the marriage during which time the member
was qualifying for retired pay through military service is less than
240 months, payments under paragraph (1) shall be made by the member to
the former spouse for a period equal to the number of months of the
marriage during which time the member was qualifying for retired pay
through military service, except that, in the case of payments made
pursuant a court order of divorce, dissolution, annulment, or legal
separation issued after the date of the enactment of Uniformed Services
Divorce Equity Act of 2003, such payments shall terminate upon the
remarriage of the former spouse, if such remarriage occurs before the
end of such period.
``(B) If the period of the marriage during which time the member
was qualifying for retired pay through military service is 240 months
or more, payments under paragraph (1) shall terminate in accordance
with the terms of the applicable court order, but not later than the
date of the death of the member or the date of the death of the spouse
or former spouse to whom payments are being made, whichever occurs
first.''.
(b) Termination of Department of Defense Payments.--Section
1408(d)(4) of such title is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following:
``(B) In the case of payments from the disposable retired pay of a
member pursuant to this section that are subject to termination by
reason of subsection (c)(6)(A), the Secretary concerned shall terminate
such payments--
``(i) upon written request of the member, if information in
possession of the Secretary or provided by the member is
sufficient for the Secretary to conclude that the provisions
for termination under subsection (c)(6)(A) are satisfied; or
``(ii) upon effective service of a court order modifying
the court order under which the payments to the member's spouse
or former spouse have been made.''.
(c) Transition Provision.--
(1) Marriages terminated before enactment.--With respect to
a court order issued before the date of the enactment of this
Act, if the length of the marriage before the court order
during which time the member was qualifying for retired pay
through military service was less than 240 months--
(A) if payments by the member to the spouse or
former spouse as of the date of the enactment of this
Act have been made for less than the number of months
of the marriage during which time the member was
qualifying for retired pay through military service,
payments shall continue in the amount specified in the
court order until such payments have been made for the
number of months of the marriage during which time the
members was qualifying for retired pay through military
service, but in no event shall such payments terminate
by reason of this paragraph sooner than the end of the
24-month period beginning on the date of the enactment
of this Act; and
(B) if payments by the member to the former spouse
as of the date of the enactment of this Act have been
made for a period equal to or greater than the number
of months of the marriage during which time the member
was qualifying for retired pay through military
service, payments shall terminate 24 months after the
date of the enactment of this Act, unless sooner
terminated under some other provision of law.
(2) Applicability of dod termination provisions.--
Subparagraph (B) of subsection (d)(4) of section 1408 of title
10, United States Code, as added by subsection (b), shall apply
to the provisions of paragraph (1) of this subsection in the
same manner as to subsection (c)(6)(A) of such section 1408, as
added by subsection (a).
(3) Court order defined.--In this subsection, the term
``court order'' has the meaning given that term in section
1408(a)(2) of title 10, United States Code.
SEC. 4. AWARD OF RETIRED PAY TO BE BASED ON RETIREE'S LENGTH OF SERVICE
AND PAY GRADE AT TIME OF DIVORCE.
Section 1408(c) of title 10, United States Code, is amended by
adding after paragraph (6), as added by section 3(a), the following new
paragraph:
``(7) In the case of a member as to whom a final decree of divorce,
dissolution, annulment, or legal separation is issued on or after the
date of the enactment of the Uniformed Services Divorce Equity Act of
2003 and before the date when 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 to the
spouse or former spouse that are creditable toward entitlement to basic
pay and to retired pay as of the date of the final decree. Amounts so
calculated shall be increased by the cumulative percentage of increases
in retired pay between the date of the final decree and the effective
date of the member's retirement.''.
SEC. 5. PROHIBITION ON COURT ORDERING PAYMENTS BEFORE RETIREMENT BASED
ON IMPUTATION OF RETIRED PAY.
Section 1408(c)(3) of title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(3)''; and
(2) by adding at the end the following:
``(B) After the date of the enactment of the Uniformed Services
Divorce Equity Act of 2003, a court may not order a member to make
payments to a spouse or former spouse before the date of the member's
retirement based upon an imputation of a property interest in future
retired pay.''.
SEC. 6. LIMITATION ON TIME FOR SEEKING DIVISION OF RETIRED PAY.
(a) In General.--Section 1408(c)(4) of title 10, United States
Code, is amended--
(1) by inserting ``(A)'' after ``(4)''; and
(2) by adding at the end the following new subparagraph:
``(B) In order to be eligible to receive payments from the
disposable retired pay of a member in the manner described in paragraph
(1), the member's spouse or former spouse must obtain a court order for
the treatment of the disposable retired pay of the member as property
of the member and the member's spouse not later than two years after
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.''.
(b) Prospective Application.--The amendment made by subsection (a)
shall apply with respect to final decrees of divorce, dissolution,
annulment, or legal separation issued on or after the date of the
enactment of this Act.
(c) Implementation.--With respect to payments to a spouse or former
spouse from a member's disposable retired pay pursuant to a final
decree of divorce, dissolution, annulment, or legal separation issued
before the date of the enactment of this Act, if more than two years
have elapsed between the date of the final decree of divorce,
dissolution, annulment, or legal separation and the issuance of a court
order for the apportionment of the disposable retired pay of a member,
a court may not order that payments of retired pay to a former spouse
be made retroactive to the date of the final decree of divorce,
dissolution, annulment, or legal separation.
SEC. 7. TERMINATION OF LIABILITY FOR PAYMENTS TO FORMER SPOUSES.
Subsection 1408(d)(4)(A) of title 10, United States Code, as
redesignated by section 3(b)(1), is amended by inserting ``and
liability therefor'' after ``section''.
SEC. 8. PROHIBITION ON APPORTIONMENT OF DISABILITY PAY.
(a) In General.--Subsection 1408(e)(4) of title 10, United States
Code, is amended by adding at the end the following new subparagraph:
``(C) Notwithstanding any other provision of law, a court may not
treat as part of the disposable retired pay of a member under this
section or as part of amounts to be paid by a member pursuant to legal
processes under section 459 of the Social Security Act (42 U.S.C. 659)
for the purpose of alimony payments to a former spouse, amounts that--
``(i) are deducted from the retired pay of such member as a
result of a waiver of retired pay required by law in order to
receive disability compensation under title 38; or
``(ii) in the case of a member entitled to retired pay
under chapter 61 of this title, are equal to the amount of
retired pay of the member under that chapter computed using the
percentage of the member's disability on the date when the
member was retired (or the date on which the member's name was
placed on the temporary disability list).''.
(b) Amendments to Social Security Act.--Section 459(h) of the
Social Security Act (42 U.S.C. 659(h)) is amended--
(1) in paragraph (1)(A)(ii)(V), by striking all that
follows ``Armed Forces'' and inserting a semicolon; and
(2) by adding at the end the following new paragraph:
``(3) Limitations with respect to compensation paid to
veterans for service-connected disabilities.--Notwithstanding
any other provision of this subsection--
``(A) compensation described in paragraph
(1)(A)(ii)(V) shall not be subject to withholding
pursuant to this section--
``(i) for payment of alimony; or
``(ii) for payment of child support if the
individual is fewer than 60 days in arrears in
payment of the support; and
``(B) not more than 50 percent of any payment of
compensation described in paragraph (1)(A)(ii)(V) may
be withheld pursuant to this section.''.
(c) Effective Date.--The amendments made by subsections (a) and (b)
shall apply to court orders and legal processes issued on or after June
25, 1981. In the case of a court order or legal process issued before
the date of the enactment of this Act, such amendments shall apply only
with respect to retired pay payable for months beginning on or after
the date of the enactment of this Act.
SEC. 9. TECHNICAL CORRECTIONS.
(a) Gender-Neutral References.--Section 1408 of title 10, United
States Code, is amended as follows:
(1) Subsection (c)(1) is amended by striking ``the member
and his spouse'' and inserting ``the member and the member's
spouse''.
(2) Subsection (c)(4)(A) is amended by striking ``his''
each place it appears and inserting ``the member's''.
(3) Subsection (d)(5) is amended by striking ``the member
and his spouse'' and inserting ``the member and the member's
spouse''.
(4) Subsection (g) is amended by striking ``his'' and
inserting ``the member's''.
(b) Date of Enactment Reference.--Subsection (d)(6) of such section
is amended by striking ``on or after the date of the enactment of this
paragraph'' and inserting ``after August 21, 1996,''.
(c) Subsection Caption.--The heading for subsection (e) of such
section is amended to read as follows: ``Multiple Court Orders.--''.
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