A bill to amend chapter 73 of title 10, United States Code, to provide that a former spouse of a member of the uniformed services who is married to the member for 10 years or more shall be entitled to a pro rata share of the retired or retainer pay of such member, to modify the application of the Survivor Benefit Plan to such former spouses, and for other purposes.
Uniformed Services Former Spouses' Equity Act - Provides that a former spouse of a member of the uniformed services shall be entitled, unless expressly provided by a spousal agreement or court order, to an annuity: (1) equal to 50 percent of the retired or retainer pay of the member if married to the member throughout the creditable service of the member; or (2) equal to a pro rata share of 50 percent of such pay if not married to the member throughout the entire creditable service of the member.
Requires that an election by a member not to participate, or to participate at a reduced level, in the Survivor Benefit Plan or to provide an annuity for a dependent child only must be made jointly with the member's spouse. Provides that such an election must be in writing.
Allows a member who has a former spouse to jointly elect by a spousal agreement with such former spouse or as provided under a court order to provide a survivor to the former spouse or to waive such an annuity. Treats a former spouse as a spouse for purposes of eligibility as a beneficiary, computation of annuities, and reductions in retired or retainer pay under the Survivor Benefit Plan if the member elects such treatment. (Present law treats a former spouse as a person with an "insurable interest" subject to certain restrictions and requiring larger reductions in retired or retainer pay.)
Establishes a 24-month period during which members who were already divorced before the effective date of this Act may elect to have a former spouse covered under the Survivor Benefit Plan.
Provides that a former spouse's share of retired or retainer pay shall be based on the gross amount of such pay. (Present law bases such share on the net amount of such pay after specified deductions.)
Introduced in House
Introduced in House
Referred to House Committee on Armed Services.
Executive Comment Requested from DOD.
Referred to Subcommittee on Military Personnel and Compensation.
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