
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(c)(9)]
[CITE: 10USC1408]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                 CHAPTER 71--COMPUTATION OF RETIRED PAY
 
Sec. 1408. Payment of retired or retainer pay in compliance with 
        court orders
        
    (a) Definitions.--In this section:
        (1) The term ``court'' means--
            (A) any court of competent jurisdiction of any State, the 
        District of Columbia, the Commonwealth of Puerto Rico, Guam, 
        American Samoa, the Virgin Islands, the Northern Mariana 
        Islands, and the Trust Territory of the Pacific Islands;
            (B) any court of the United States (as defined in section 
        451 of title 28) having competent jurisdiction;
            (C) any court of competent jurisdiction of a foreign country 
        with which the United States has an agreement requiring the 
        United States to honor any court order of such country; and
            (D) any administrative or judicial tribunal of a State 
        competent to enter orders for support or maintenance (including 
        a State agency administering a program under a State plan 
        approved under part D of title IV of the Social Security Act), 
        and, for purposes of this subparagraph, the term ``State'' 
        includes the District of Columbia, the Commonwealth of Puerto 
        Rico, the Virgin Islands, Guam, and American Samoa.

        (2) The term ``court order'' means a final decree of divorce, 
    dissolution, annulment, or legal separation issued by a court, or a 
    court ordered, ratified, or approved property settlement incident to 
    such a decree (including a final decree modifying the terms of a 
    previously issued decree of divorce, dissolution, annulment, or 
    legal separation, or a court ordered, ratified, or approved property 
    settlement incident to such previously issued decree), or a support 
    order, as defined in section 453(p) of the Social Security Act (42 
    U.S.C. 653(p)), which--
            (A) is issued in accordance with the laws of the 
        jurisdiction of that court;
            (B) provides for--
                (i) payment of child support (as defined in section 
            459(i)(2) of the Social Security Act (42 U.S.C. 659(i)(2)));
                (ii) payment of alimony (as defined in section 459(i)(3) 
            of the Social Security Act (42 U.S.C. 659(i)(3))); or
                (iii) division of property (including a division of 
            community property); and

            (C) in the case of a division of property, specifically 
        provides for the payment of an amount, expressed in dollars or 
        as a percentage of disposable retired pay, from the disposable 
        retired pay of a member to the spouse or former spouse of that 
        member.

        (3) The term ``final decree'' means a decree from which no 
    appeal may be taken or from which no appeal has been taken within 
    the time allowed for taking such appeals under the laws applicable 
    to such appeals, or a decree from which timely appeal has been taken 
    and such appeal has been finally decided under the laws applicable 
    to such appeals.
        (4) The term ``disposable retired pay'' means the total monthly 
    retired pay to which a member is entitled less amounts which--
            (A) are owed by that member to the United States for 
        previous overpayments of retired pay and for recoupments 
        required by law resulting from entitlement to retired pay;
            (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;
            (C) 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 retired list); or
            (D) are deducted because of an election under chapter 73 of 
        this title to provide an annuity to a spouse or former spouse to 
        whom payment of a portion of such member's retired pay is being 
        made pursuant to a court order under this section.

        (5) The term ``member'' includes a former member entitled to 
    retired pay under section 12731 of this title.
        (6) The term ``spouse or former spouse'' means the husband or 
    wife, or former husband or wife, respectively, of a member who, on 
    or before the date of a court order, was married to that member.
        (7) The term ``retired pay'' includes retainer pay.

    (b) Effective Service of Process.--For the purposes of this 
section--
        (1) service of a court order is effective if--
            (A) an appropriate agent of the Secretary concerned 
        designated for receipt of service of court orders under 
        regulations prescribed pursuant to subsection (i) or, if no 
        agent has been so designated, the Secretary concerned, is 
        personally served or is served by facsimile or electronic 
        transmission or by mail;
            (B) the court order is regular on its face;
            (C) the court order or other documents served with the court 
        order identify the member concerned and include, if possible, 
        the social security number of such member; and
            (D) the court order or other documents served with the court 
        order certify that the rights of the member under the Soldiers' 
        and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501 et 
        seq.) were observed; and

        (2) a court order is regular on its face if the order--
            (A) is issued by a court of competent jurisdiction;
            (B) is legal in form; and
            (C) includes nothing on its face that provides reasonable 
        notice that it is issued without authority of law.

    (c) Authority for Court To Treat Retired Pay as Property of the 
Member and Spouse.--(1) Subject to the limitations of this section, a 
court may treat disposable retired pay payable to a member for pay 
periods beginning after June 25, 1981, either as property solely of the 
member or as property of the member and his spouse in accordance with 
the law of the jurisdiction of such court. 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.
    (2) Notwithstanding any other provision of law, this section does 
not create any right, title, or interest which can be sold, assigned, 
transferred, or otherwise disposed of (including by inheritance) by a 
spouse or former spouse. 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.
    (3) This section does not authorize any court to order a member to 
apply for retirement or retire at a particular time in order to 
effectuate any payment under this section.
    (4) A court may not treat the disposable retired pay of a member in 
the manner described in paragraph (1) unless the court has jurisdiction 
over the member by reason of (A) his residence, other than because of 
military assignment, in the territorial jurisdiction of the court, (B) 
his domicile in the territorial jurisdiction of the court, or (C) his 
consent to the jurisdiction of the court.
    (d) Payments by Secretary Concerned to (or for Benefit of) Spouse or 
Former Spouse.--(1) After effective service on the Secretary concerned 
of a court order providing for the payment of child support or alimony 
or, with respect to a division of property, specifically providing for 
the payment of an amount of the disposable retired pay from a member to 
the spouse or a former spouse of the member, the Secretary shall make 
payments (subject to the limitations of this section) from the 
disposable retired pay of the member to the spouse or former spouse (or 
for the benefit of such spouse or former spouse to a State disbursement 
unit established pursuant to section 454B of the Social Security Act or 
other public payee designated by a State, in accordance with part D of 
title IV of the Social Security Act, as directed by court order, or as 
otherwise directed in accordance with such part D) in an amount 
sufficient to satisfy the amount of child support and alimony set forth 
in the court order and, with respect to a division of property, in the 
amount of disposable retired pay specifically provided for in the court 
order. In the case of a spouse or former spouse who, pursuant to section 
408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)), assigns to a 
State the rights of the spouse or former spouse to receive support, the 
Secretary concerned may make the child support payments referred to in 
the preceding sentence to that State in amounts consistent with that 
assignment of rights. In the case of a member entitled to receive 
retired pay on the date of the effective service of the court order, 
such payments shall begin not later than 90 days after the date of 
effective service. In the case of a member not entitled to receive 
retired pay on the date of the effective service of the court order, 
such payments shall begin not later than 90 days after the date on which 
the member first becomes entitled to receive retired pay.
    (2) If the spouse or former spouse to whom payments are to be made 
under this section was not married to the member for a period of 10 
years or more during which the member performed at least 10 years of 
service creditable in determining the member's eligibility for retired 
pay, payments may not be made under this section to the extent that they 
include an amount resulting from the treatment by the court under 
subsection (c) of disposable retired pay of the member as property of 
the member or property of the member and his spouse.
    (3) Payments under this section shall not be made more frequently 
than once each month, and the Secretary concerned shall not be required 
to vary normal pay and disbursement cycles for retired pay in order to 
comply with a court order.
    (4) Payments from the disposable retired pay of a member pursuant to 
this section 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.
    (5) If a court order described in paragraph (1) provides for a 
division of property (including a division of community property) in 
addition to an amount of child support or alimony or the payment of an 
amount of disposable retired pay as the result of the court's treatment 
of such pay under subsection (c) as property of the member and his 
spouse, the Secretary concerned shall pay (subject to the limitations of 
this section) from the disposable retired pay of the member to the 
spouse or former spouse of the member, any part of the amount payable to 
the spouse or former spouse under the division of property upon 
effective service of a final court order of garnishment of such amount 
from such retired pay.
    (6) In the case of a court order for which effective service is made 
on the Secretary concerned on or after the date of the enactment of this 
paragraph and which provides for payments from the disposable retired 
pay of a member to satisfy the amount of child support set forth in the 
order, the authority provided in paragraph (1) to make payments from the 
disposable retired pay of a member to satisfy the amount of child 
support set forth in a court order shall apply to payment of any amount 
of child support arrearages set forth in that order as well as to 
amounts of child support that currently become due.
    (7)(A) The Secretary concerned may not accept service of a court 
order that is an out-of-State modification, or comply with the 
provisions of such a court order, unless the court issuing that order 
has jurisdiction in the manner specified in subsection (c)(4) over both 
the member and the spouse or former spouse involved.
    (B) A court order shall be considered to be an out-of-State 
modification for purposes of this paragraph if the order--
        (i) modifies a previous court order under this section upon 
    which payments under this subsection are based; and
        (ii) is issued by a court of a State other than the State of the 
    court that issued the previous court order.

    (e) Limitations.--(1) The total amount of the disposable retired pay 
of a member payable under all court orders pursuant to subsection (c) 
may not exceed 50 percent of such disposable retired pay.
    (2) In the event of effective service of more than one court order 
which provide for payment to a spouse and one or more former spouses or 
to more than one former spouse, the disposable retired pay of the member 
shall be used to satisfy (subject to the limitations of paragraph (1)) 
such court orders on a first-come, first-served basis. Such court orders 
shall be satisfied (subject to the limitations of paragraph (1)) out of 
that amount of disposable retired pay which remains after the 
satisfaction of all court orders which have been previously served.
    (3)(A) In the event of effective service of conflicting court orders 
under this section which assert to direct that different amounts be paid 
during a month to the same spouse or former spouse of the same member, 
the Secretary concerned shall--
        (i) pay to that spouse from the member's disposable retired pay 
    the least amount directed to be paid during that month by any such 
    conflicting court order, but not more than the amount of disposable 
    retired pay which remains available for payment of such court orders 
    based on when such court orders were effectively served and the 
    limitations of paragraph (1) and subparagraph (B) of paragraph (4);
        (ii) retain an amount of disposable retired pay that is equal to 
    the lesser of--
            (I) the difference between the largest amount required by 
        any conflicting court order to be paid to the spouse or former 
        spouse and the amount payable to the spouse or former spouse 
        under clause (i); and
            (II) the amount of disposable retired pay which remains 
        available for payment of any conflicting court order based on 
        when such court order was effectively served and the limitations 
        of paragraph (1) and subparagraph (B) of paragraph (4); and

        (iii) pay to that member the amount which is equal to the amount 
    of that member's disposable retired pay (less any amount paid during 
    such month pursuant to legal process served under section 459 of the 
    Social Security Act (42 U.S.C. 659) and any amount paid during such 
    month pursuant to court orders effectively served under this 
    section, other than such conflicting court orders) minus--
            (I) the amount of disposable retired pay paid under clause 
        (i); and
            (II) the amount of disposable retired pay retained under 
        clause (ii).

    (B) The Secretary concerned shall hold the amount retained under 
clause (ii) of subparagraph (A) until such time as that Secretary is 
provided with a court order which has been certified by the member and 
the spouse or former spouse to be valid and applicable to the retained 
amount. Upon being provided with such an order, the Secretary shall pay 
the retained amount in accordance with the order.
    (4)(A) In the event of effective service of a court order under this 
section and the service of legal process pursuant to section 459 of the 
Social Security Act (42 U.S.C. 659), both of which provide for payments 
during a month from the same member, satisfaction of such court orders 
and legal process from the retired pay of the member shall be on a 
first-come, first-served basis. Such court orders and legal process 
shall be satisfied out of moneys which are subject to such orders and 
legal process and which remain available in accordance with the 
limitations of paragraph (1) and subparagraph (B) of this paragraph 
during such month after the satisfaction of all court orders or legal 
process which have been previously served.
    (B) Notwithstanding any other provision of law, the total amount of 
the disposable retired pay of a member payable by the Secretary 
concerned under all court orders pursuant to this section and all legal 
processes pursuant to section 459 of the Social Security Act (42 U.S.C. 
659) with respect to a member may not exceed 65 percent of the amount of 
the retired pay payable 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.
    (5) A court order which itself or because of previously served court 
orders provides for the payment of an amount which exceeds the amount of 
disposable retired pay available for payment because of the limit set 
forth in paragraph (1), or which, because of previously served court 
orders or legal process previously served under section 459 of the 
Social Security Act (42 U.S.C. 659), provides for payment of an amount 
that exceeds the maximum amount permitted under paragraph (1) or 
subparagraph (B) of paragraph (4), shall not be considered to be 
irregular on its face solely for that reason. However, such order shall 
be considered to be fully satisfied for purposes of this section by the 
payment to the spouse or former spouse of the maximum amount of 
disposable retired pay permitted under paragraph (1) and subparagraph 
(B) of paragraph (4).
    (6) Nothing in this section shall be construed to relieve a member 
of liability for the payment of alimony, child support, or other 
payments required by a court order on the grounds that payments made out 
of disposable retired pay under this section have been made in the 
maximum amount permitted under paragraph (1) or subparagraph (B) of 
paragraph (4). Any such unsatisfied obligation of a member may be 
enforced by any means available under law other than the means provided 
under this section in any case in which the maximum amount permitted 
under paragraph (1) has been paid and under section 459 of the Social 
Security Act (42 U.S.C. 659) in any case in which the maximum amount 
permitted under subparagraph (B) of paragraph (4) has been paid.
    (f) Immunity of Officers and Employees of United States.--(1) The 
United States and any officer or employee of the United States shall not 
be liable with respect to any payment made from retired pay to any 
member, spouse, or former spouse pursuant to a court order that is 
regular on its face if such payment is made in accordance with this 
section and the regulations prescribed pursuant to subsection (i).
    (2) An officer or employee of the United States who, under 
regulations prescribed pursuant to subsection (i), has the duty to 
respond to interrogatories shall not be subject under any law to any 
disciplinary action or civil or criminal liability or penalty for, or 
because of, any disclosure of information made by him in carrying out 
any of his duties which directly or indirectly pertain to answering such 
interrogatories.
    (g) Notice to Member of Service of Court Order on Secretary 
Concerned.--A person receiving effective service of a court order under 
this section shall, as soon as possible, but not later than 30 days 
after the date on which effective service is made, send a written notice 
of such court order (together with a copy of such order) to the member 
affected by the court order at his last known address.
    (h) Benefits for Dependents Who Are Victims of Abuse by Members 
Losing Right to Retired Pay.--(1) If, in the case of a member or former 
member of the armed forces referred to in paragraph (2)(A), a court 
order provides (in the manner applicable to a division of property) for 
the payment of an amount from the disposable retired pay of that member 
or former member (as certified under paragraph (4)) to an eligible 
spouse or former spouse of that member or former member, the Secretary 
concerned, beginning upon effective service of such court order, shall 
pay that amount in accordance with this subsection to such spouse or 
former spouse.
    (2) A spouse or former spouse of a member or former member of the 
armed forces is eligible to receive payment under this subsection if--
        (A) the member or former member, while a member of the armed 
    forces and after becoming eligible to be retired from the armed 
    forces on the basis of years of service, has eligibility to receive 
    retired pay terminated as a result of misconduct while a member 
    involving abuse of a spouse or dependent child (as defined in 
    regulations prescribed by the Secretary of Defense or, for the Coast 
    Guard when it is not operating as a service in the Navy, by the 
    Secretary of Transportation); and
        (B) the spouse or former spouse--
            (i) was the victim of the abuse and was married to the 
        member or former member at the time of that abuse; or
            (ii) is a natural or adopted parent of a dependent child of 
        the member or former member who was the victim of the abuse.

    (3) The amount certified by the Secretary concerned under paragraph 
(4) with respect to a member or former member of the armed forces 
referred to in paragraph (2)(A) shall be deemed to be the disposable 
retired pay of that member or former member for the purposes of this 
subsection.
    (4) Upon the request of a court or an eligible spouse or former 
spouse of a member or former member of the armed forces referred to in 
paragraph (2)(A) in connection with a civil action for the issuance of a 
court order in the case of that member or former member, the Secretary 
concerned shall determine and certify the amount of the monthly retired 
pay that the member or former member would have been entitled to receive 
as of the date of the certification--
        (A) if the member or former member's eligibility for retired pay 
    had not been terminated as described in paragraph (2)(A); and
        (B) if, in the case of a member or former member not in receipt 
    of retired pay immediately before that termination of eligibility 
    for retired pay, the member or former member had retired on the 
    effective date of that termination of eligibility.

    (5) A court order under this subsection may provide that whenever 
retired pay is increased under section 1401a of this title (or any other 
provision of law), the amount payable under the court order to the 
spouse or former spouse of a member or former member described in 
paragraph (2)(A) shall be increased at the same time by the percent by 
which the retired pay of the member or former member would have been 
increased if the member or former member were receiving retired pay.
    (6) Notwithstanding any other provision of law, a member or former 
member of the armed forces referred to in paragraph (2)(A) shall have no 
ownership interest in, or claim against, any amount payable under this 
section to a spouse or former spouse of the member or former member.
    (7)(A) If a former spouse receiving payments under this subsection 
with respect to a member or former member referred to in paragraph 
(2)(A) marries again after such payments begin, the eligibility of the 
former spouse to receive further payments under this subsection shall 
terminate on the date of such marriage.
    (B) A person's eligibility to receive payments under this subsection 
that is terminated under subparagraph (A) by reason of remarriage shall 
be resumed in the event of the termination of that marriage by the death 
of that person's spouse or by annulment or divorce. The resumption of 
payments shall begin as of the first day of the month in which that 
marriage is so terminated. The monthly amount of the payments shall be 
the amount that would have been paid if the continuity of the payments 
had not been interrupted by the marriage.
    (8) Payments in accordance with this subsection shall be made out of 
funds in the Department of Defense Military Retirement Fund established 
by section 1461 of this title or, in the case of the Coast Guard, out of 
funds appropriated to the Department of Transportation for payment of 
retired pay for the Coast Guard.
    (9)(A) A spouse or former spouse of a member or former member of the 
armed forces referred to in paragraph (2)(A), while receiving payments 
in accordance with this subsection, shall be entitled to receive medical 
and dental care, to use commissary and exchange stores, and to receive 
any other benefit that a spouse or a former spouse of a retired member 
of the armed forces is entitled to receive on the basis of being a 
spouse or former spouse, as the case may be, of a retired member of the 
armed forces in the same manner as if the member or former member 
referred to in paragraph (2)(A) was entitled to retired pay.
    (B) A dependent child of a member or former member referred to in 
paragraph (2)(A) who was a member of the household of the member or 
former member at the time of the misconduct described in paragraph 
(2)(A) shall be entitled to receive medical and dental care, to use 
commissary and exchange stores, and to have other benefits provided to 
dependents of retired members of the armed forces in the same manner as 
if the member or former member referred to in paragraph (2)(A) was 
entitled to retired pay.
    (C) If a spouse or former spouse or a dependent child eligible or 
entitled to receive a particular benefit under this paragraph is 
eligible or entitled to receive that benefit under another provision of 
law, the eligibility or entitlement of that spouse or former spouse or 
dependent child to such benefit shall be determined under such other 
provision of law instead of this paragraph.
    (10)(A) For purposes of this subsection, in the case of a member of 
the armed forces who has been sentenced by a court-martial to receive a 
punishment that will terminate the eligibility of that member to receive 
retired pay if executed, the eligibility of that member to receive 
retired pay may, as determined by the Secretary concerned, be considered 
terminated effective upon the approval of that sentence by the person 
acting under section 860(c) of this title (article 60(c) of the Uniform 
Code of Military Justice).
    (B) If each form of the punishment that would result in the 
termination of eligibility to receive retired pay is later remitted, set 
aside, or mitigated to a punishment that does not result in the 
termination of that eligibility, a payment of benefits to the eligible 
recipient under this subsection that is based on the punishment so 
vacated, set aside, or mitigated shall cease. The cessation of payments 
shall be effective as of the first day of the first month following the 
month in which the Secretary concerned notifies the recipient of such 
benefits in writing that payment of the benefits will cease. The 
recipient may not be required to repay the benefits received before that 
effective date (except to the extent necessary to recoup any amount that 
was erroneous when paid).
    (11) In this subsection, the term ``dependent child'', with respect 
to a member or former member of the armed forces referred to in 
paragraph (2)(A), means an unmarried legitimate child, including an 
adopted child or a stepchild of the member or former member, who--
        (A) is under 18 years of age;
        (B) is incapable of self-support because of a mental or physical 
    incapacity that existed before becoming 18 years of age and is 
    dependent on the member or former member for over one-half of the 
    child's support; or
        (C) if enrolled in a full-time course of study in an institution 
    of higher education recognized by the Secretary of Defense for the 
    purposes of this subparagraph, is under 23 years of age and is 
    dependent on the member or former member for over one-half of the 
    child's support.

    (i) Certification Date.--It is not necessary that the date of a 
certification of the authenticity or completeness of a copy of a court 
order for child support received by the Secretary concerned for the 
purposes of this section be recent in relation to the date of receipt by 
the Secretary.
    (j) Regulations.--The Secretaries concerned shall prescribe uniform 
regulations for the administration of this section.
    (k) Relationship to Other Laws.--In any case involving an order 
providing for payment of child support (as defined in section 459(i)(2) 
of the Social Security Act) by a member who has never been married to 
the other parent of the child, the provisions of this section shall not 
apply, and the case shall be subject to the provisions of section 459 of 
such Act.

(Added Pub. L. 97-252, title X, Sec. 1002(a), Sept. 8, 1982, 96 Stat. 
730; amended Pub. L. 98-525, title VI, Sec. 643(a)-(d), Oct. 19, 1984, 
98 Stat. 2547; Pub. L. 99-661, div. A, title VI, Sec. 644(a), Nov. 14, 
1986, 100 Stat. 3887; Pub. L. 100-26, Secs. 3(3), 7(h)(1), Apr. 21, 
1987, 101 Stat. 273, 282; Pub. L. 101-189, div. A, title VI, 
Sec. 653(a)(5), title XVI, Sec. 1622(e)(6), Nov. 29, 1989, 103 Stat. 
1462, 1605; Pub. L. 101-510, div. A, title V, Sec. 555(a)-(d), (f), (g), 
Nov. 5, 1990, 104 Stat. 1569, 1570; Pub. L. 102-190, div. A, title X, 
Sec. 1061(a)(7), Dec. 5, 1991, 105 Stat. 1472; Pub. L. 102-484, div. A, 
title VI, Sec. 653(a), Oct. 23, 1992, 106 Stat. 2426; Pub. L. 103-160, 
div. A, title V, Sec. 555(a), (b), title XI, Sec. 1182(a)(2), Nov. 30, 
1993, 107 Stat. 1666, 1771; Pub. L. 104-106, div. A, title XV, 
Sec. 1501(c)(16), Feb. 10, 1996, 110 Stat. 499; Pub. L. 104-193, title 
III, Secs. 362(c), 363(c)(1)-(3), Aug. 22, 1996, 110 Stat. 2246, 2249; 
Pub. L. 104-201, div. A, title VI, Sec. 636, Sept. 23, 1996, 110 Stat. 
2579; Pub. L. 105-85, div. A, title X, Sec. 1073(a)(24), (25), Nov. 18, 
1997, 111 Stat. 1901.)

                       References in Text

    The Social Security Act, referred to in subsecs. (a)(1)(D) and 
(d)(1), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part D 
of title IV of the Act is classified generally to part D (Sec. 651 et 
seq.) of subchapter IV of chapter 7 of Title 42, The Public Health and 
Welfare. Section 454B of the Act is classified to section 654b of Title 
42. For complete classification of this Act to the Code, see section 
1305 of Title 42 and Tables.
    The Soldiers' and Sailors' Civil Relief Act, referred to in subsec. 
(b)(1)(D), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as amended, 
which is classified to section 501 et seq. of the Appendix to Title 50, 
War and National Defense. For complete classification of this Act to the 
Code, see section 501 of the Appendix to Title 50 and Tables.
    The date of the enactment of this paragraph, referred to in subsec. 
(d)(6), is the date of enactment of Pub. L. 104-193, which was approved 
Aug. 22, 1996.


                               Amendments

    1997--Subsec. (d). Pub. L. 105-85, Sec. 1073(a)(24)(A), substituted 
``to'' for ``To'' in heading.
    Subsec. (d)(6). Pub. L. 105-85, Sec. 1073(a)(24)(B), redesignated 
par. (6), relating to court order which is out-of-State modification, as 
(7).
    Subsec. (d)(7). Pub. L. 105-85, Sec. 1073(a)(24)(B), redesignated 
par. (6), relating to court order which is out-of-State modification, as 
(7).
    Subsec. (d)(7)(A). Pub. L. 105-85, Sec. 1073(a)(24)(C), substituted 
``out-of-State'' for ``out-of State''.
    Subsec. (g). Pub. L. 105-85, Sec. 1073(a)(25), in heading, 
substituted ``to'' for ``To'' and ``on'' for ``On''.
    1996--Subsec. (a)(1)(D). Pub. L. 104-193, Sec. 362(c)(1), added 
subpar. (D).
    Subsec. (a)(2). Pub. L. 104-193, Sec. 362(c)(2)(A), inserted ``or a 
support order, as defined in section 453(p) of the Social  Security  Act 
 (42  U.S.C.  653(p)),''  before ``which--''.
    Subsec. (a)(2)(B)(i). Pub. L. 104-193, Sec. 362(c)(2)(B), 
substituted ``(as defined in section 459(i)(2) of the Social Security 
Act (42 U.S.C. 659(i)(2)))'' for ``(as defined in section 462(b) of the 
Social Security Act (42 U.S.C. 662(b)))''.
    Subsec. (a)(2)(B)(ii). Pub. L. 104-193, Sec. 362(c)(2)(C), 
substituted ``(as defined in section 459(i)(3) of the Social Security 
Act (42 U.S.C. 659(i)(3)))'' for ``(as defined in section 462(c) of the 
Social Security Act (42 U.S.C. 662(c)))''.
    Subsec. (a)(5). Pub. L. 104-106 substituted ``section 12731'' for 
``section 1331''.
    Subsec. (b)(1)(A). Pub. L. 104-201, Sec. 636(a), substituted 
``facsimile or electronic transmission or by mail'' for ``certified or 
registered mail, return receipt requested''.
    Subsec. (d). Pub. L. 104-193, Sec. 362(c)(3)(A), inserted ``(or for 
benefit of)'' before ``Spouse or'' in heading.
    Subsec. (d)(1). Pub. L. 104-193, Sec. 363(c)(2), inserted after 
first sentence ``In the case of a spouse or former spouse who, pursuant 
to section 408(a)(3) of the Social Security Act (42 U.S.C. 608(a)(4)), 
assigns to a State the rights of the spouse or former spouse to receive 
support, the Secretary concerned may make the child support payments 
referred to in the preceding sentence to that State in amounts 
consistent with that assignment of rights.''
    Pub. L. 104-193, Sec. 362(c)(3)(B), in first sentence, inserted 
``(or for the benefit of such spouse or former spouse to a State 
disbursement unit established pursuant to section 454B of the Social 
Security Act or other public payee designated by a State, in accordance 
with part D of title IV of the Social Security Act, as directed by court 
order, or as otherwise directed in accordance with such part D)'' before 
``in an amount sufficient''.
    Subsec. (d)(6). Pub. L. 104-201, Sec. 636(b), added par. (6) 
relating to court order which is out-of-State modification.
    Pub. L. 104-193, Sec. 363(c)(3), added par. (6) relating to use of 
disposable retired pay of member to satisfy amount of child support set 
forth in court order.
    Subsec. (i). Pub. L. 104-193, Sec. 363(c)(1), added subsec. (i). 
Former subsec. (i) redesignated (j).
    Subsec. (j). Pub. L. 104-193, Sec. 363(c)(1), redesignated subsec. 
(j) as (k).
    Pub. L. 104-193, Sec. 362(c)(4), added subsec. (j).
    Subsec. (k). Pub. L. 104-193, Sec. 363(c)(1), redesignated subsec. 
(j) as (k).
    1993--Subsecs. (b)(1)(A), (f)(1), (2). Pub. L. 103-160, 
Sec. 1182(a)(2)(A), substituted ``subsection (i)'' for ``subsection 
(h)''.
    Subsec. (h)(2)(A). Pub. L. 103-160, Sec. 555(b)(1), inserted ``or, 
for the Coast Guard when it is not operating as a service in the Navy, 
by the Secretary of Transportation'' after ``Secretary of Defense''.
    Subsec. (h)(4)(B). Pub. L. 103-160, Sec. 1182(a)(2)(B), inserted 
``of'' after ``of that termination''.
    Subsec. (h)(8). Pub. L. 103-160, Sec. 555(b)(2), inserted before 
period at end ``or, in the case of the Coast Guard, out of funds 
appropriated to the Department of Transportation for payment of retired 
pay for the Coast Guard''.
    Subsec. (h)(10), (11). Pub. L. 103-160, Sec. 555(a), added par. (10) 
and redesignated former par. (10) as (11).
    1992--Subsecs. (h), (i). Pub. L. 102-484 added subsec. (h) and 
redesignated former subsec. (h) as (i).
    1991--Pub. L. 102-190 inserted ``or retainer'' after ``retired'' in 
section catchline.
    1990--Pub. L. 101-510, Sec. 555(f)(2), substituted ``retired pay'' 
for ``retired or retainer pay'' in section catchline.
    Subsec. (a). Pub. L. 101-510, Sec. 555(g)(1), inserted heading.
    Subsec. (a)(2)(C). Pub. L. 101-510, Sec. 555(f)(2), substituted 
``retired pay'' for ``retired or retainer pay'' wherever appearing.
    Subsec. (a)(4). Pub. L. 101-510, Sec. 555(f)(2), substituted 
``retired pay'' for ``retired or retainer pay'' wherever appearing in 
introductory provisions and in subpar. (D).
    Subsec. (a)(4)(A). Pub. L. 101-510, Sec. 555(b)(1), inserted before 
semicolon at end ``for previous overpayments of retired pay and for 
recoupments required by law resulting from entitlement to retired pay''.
    Subsec. (a)(4)(B). Pub. L. 101-510, Sec. 555(b)(2), added subpar. 
(B) and struck out former subpar. (B) which read as follows: ``are 
required by law to be and are deducted from the retired or retainer pay 
of such member, including fines and forfeitures ordered by courts-
martial, Federal employment taxes, and amounts waived in order to 
receive compensation under title 5 or title 38;''.
    Subsec. (a)(4)(C) to (F). Pub. L. 101-510, Sec. 555(b)(3), (4), 
redesignated subpars. (E) and (F) as (C) and (D), respectively, and 
struck out former subpars. (C) and (D) which read as follows:
    ``(C) are properly withheld for Federal, State, or local income tax 
purposes, if the withholding of such amounts is authorized or required 
by law and to the extent such amounts withheld are not greater than 
would be authorized if such member claimed all dependents to which he 
was entitled;
    ``(D) are withheld under section 3402(i) of the Internal Revenue 
Code of 1986 if such member presents evidence of a tax obligation which 
supports such withholding;''.
    Subsec. (a)(7). Pub. L. 101-510, Sec. 555(f)(1), added par. (7).
    Subsec. (b). Pub. L. 101-510, Sec. 555(g)(2), inserted heading.
    Subsec. (c). Pub. L. 101-510, Sec. 555(g)(3), inserted heading.
    Subsec. (c)(1). Pub. L. 101-510, Sec. 555(f)(2), substituted 
``retired pay'' for ``retired or retainer pay''.
    Pub. L. 101-510, Sec. 555(a), inserted at end ``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.''
    Subsec. (c)(2). Pub. L. 101-510, Sec. 555(c), inserted at end 
``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.''
    Subsec. (c)(4). Pub. L. 101-510, Sec. 555(f)(2), substituted 
``retired pay'' for ``retired or retainer pay''.
    Subsec. (d). Pub. L. 101-510, Sec. 555(g)(4), inserted heading.
    Pub. L. 101-510, Sec. 555(f)(2), substituted ``retired pay'' for 
``retired or retainer pay'' wherever appearing.
    Subsec. (e). Pub. L. 101-510, Sec. 555(g)(5), inserted heading.
    Pub. L. 101-510, Sec. 555(f)(2), substituted ``retired pay'' for 
``retired or retainer pay'' wherever appearing.
    Subsec. (e)(1). Pub. L. 101-510, Sec. 555(d)(1), substituted 
``payable under all court orders pursuant to subsection (c)'' for 
``payable under subsection (d)''.
    Subsec. (e)(4)(B). Pub. L. 101-510, Sec. 555(d)(2), substituted 
``the amount of the retired pay payable 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'' 
for ``the disposable retired or retainer pay payable to such member''.
    Subsec. (f). Pub. L. 101-510, Sec. 555(g)(6), inserted heading.
    Subsec. (f)(1). Pub. L. 101-510, Sec. 555(f)(2), substituted 
``retired pay'' for ``retired or retainer pay''.
    Subsec. (g). Pub. L. 101-510, Sec. 555(g)(7), inserted heading.
    Subsec. (h). Pub. L. 101-510, Sec. 555(g)(8), inserted heading.
    1989--Subsec. (a)(1), (2). Pub. L. 101-189, Sec. 1622(e)(6), 
substituted ``The term `court'' for `` `Court'' in introductory 
provisions.
    Subsec. (a)(3). Pub. L. 101-189, Sec. 1622(e)(6), substituted ``The 
term `final'' for `` `Final''.
    Subsec. (a)(4). Pub. L. 101-189, Sec. 1622(e)(6), substituted ``The 
term `disposable'' for `` `Disposable'' in introductory provisions.
    Subsec. (a)(4)(D). Pub. L. 101-189, Sec. 653(a)(5)(A), struck out 
``(26 U.S.C. 3402(i))'' after ``Code of 1986''.
    Subsec. (a)(5). Pub. L. 101-189, Secs. 653(a)(5)(B), 1622(e)(6), 
substituted ``The term `member'' for `` `Member'' and inserted 
``entitled to retired pay under section 1331 of this title'' after ``a 
former member''.
    Subsec. (a)(6). Pub. L. 101-189, Sec. 1622(e)(6), substituted ``The 
term `spouse'' for `` `Spouse''.
    1987--Subsec. (a)(4). Pub. L. 100-26, Sec. 3(3), made technical 
amendment to directory language of Pub. L. 99-661, Sec. 644(a). See 1986 
Amendment note below.
    Subsec. (a)(4)(D). Pub. L. 100-26, Sec. 7(h)(1), substituted 
``Internal Revenue Code of 1986'' for ``Internal Revenue Code of 1954''.
    1986--Subsec. (a)(4). Pub. L. 99-661, Sec. 644(a), as amended by 
Pub. L. 100-26, Sec. 3(3), struck out ``(other than the retired pay of a 
member retired for disability under chapter 61 of this title)'' before 
``less amounts'' in introductory text, added subpar. (E), and struck out 
former subpar. (E) which read as follows: ``are deducted as Government 
life insurance premiums (not including amounts deducted for supplemental 
coverage); or''.
    1984--Subsec. (a)(2)(C). Pub. L. 98-525, Sec. 643(a), inserted ``in 
the case of a division of property,''.
    Subsec. (b)(1)(C). Pub. L. 98-525, Sec. 643(b), inserted ``, if 
possible,''.
    Subsec. (d)(1). Pub. L. 98-525, Sec. 643(c)(1), substituted ``After 
effective service on the Secretary concerned of a court order providing 
for the payment of child support or alimony or, with respect to a 
division of property, specifically providing for the payment of an 
amount of the disposable retired or retainer pay from a member to the 
spouse or a former spouse of the member, the Secretary shall make 
payments (subject to the limitations of this section) from the 
disposable retired or retainer pay of the member to the spouse or former 
spouse in an amount sufficient to satisfy the amount of child support 
and alimony set forth in the court order and, with respect to a division 
of property, in the amount of disposable retired or retainer pay 
specifically provided for in the court order'' for ``After effective 
service on the Secretary concerned of a court order with respect to the 
payment of a portion of the retired or retainer pay of a member to the 
spouse or a former spouse of the member, the Secretary shall, subject to 
the limitations of this section, make payments to the spouse or former 
spouse in the amount of the disposable retired or retainer pay of the 
member specifically provided for in the court order''.
    Subsec. (d)(5). Pub. L. 98-525, Sec. 643(c)(2), substituted ``child 
support or alimony or the payment of an amount of disposable retired or 
retainer pay as the result of the court's treatment of such pay under 
subsection (c) as property of the member and his spouse, the Secretary 
concerned shall pay (subject to the limitations of this section) from 
the disposable retired or retainer pay of the member to the spouse or 
former spouse of the member, any part'' for ``disposable retired or 
retainer pay, the Secretary concerned shall, subject to the limitations 
of this section, pay to the spouse or former spouse of the member, from 
the disposable retired or retainer pay of the member, any part''.
    Subsec. (e)(2). Pub. L. 98-525, Sec. 643(d)(1), substituted ``, the 
disposable retired or retainer pay of the member'' for ``from the 
disposable retired or retainer pay of a member, such pay'' before 
``shall be used to satisfy''.
    Subsec. (e)(3)(A). Pub. L. 98-525, Sec. 643(d)(2)(A), struck out 
``from the disposable retired or retainer pay'' before ``of the same 
member''.
    Subsec. (e)(3)(A)(i). Pub. L. 98-525, Sec. 643(d)(2)(B), substituted 
``from the member's disposable retired or retainer pay the least 
amount'' for ``the least amount of disposable retired or retainer pay'' 
before ``directed to be paid''.
    Subsec. (e)(2)(A)(ii)(I). Pub. L. 98-525, Sec. 643(d)(2)(C), struck 
out ``of retired or retainer pay'' before ``required by any 
conflicting''.
    Subsec. (e)(4)(A). Pub. L. 98-525, Sec. 643(d)(3), struck out ``the 
retired or retainer pay of'' before ``the same member'' and substituted 
``satisfaction of such court orders and legal process from the retired 
or retainer pay of the members shall be'' for ``such court orders and 
legal process shall be satisfied''.
    Subsec. (e)(5). Pub. L. 98-525, Sec. 643(d)(4), struck out ``of 
disposable retired or retainer pay'' after ``payment of an amount'' in 
two places and substituted ``disposable retired or retainer pay'' for 
``such pay'' before ``available for payment''.


                    Effective Date of 1996 Amendments

    Amendment by section 362(c) of Pub. L. 104-193 effective six months 
after Aug. 22, 1996, see section 362(d) of Pub. L. 104-193, set out as a 
note under section 659 of Title 42, The Public Health and Welfare.
    For effective date of amendment by section 363(c)(1)-(3) of Pub. L. 
104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a note 
under section 654 of Title 42.
    Section 1501(c) of Pub. L. 104-106 provided that the amendment made 
by that section is effective as of Dec. 1, 1994, and as if included as 
an amendment made by the Reserve Officer Personnel Management Act, title 
XVI of Pub. L. 103-337, as originally enacted.


                    Effective Date of 1993 Amendment

    Section 555(c) of Pub. L. 103-160 provided that: ``The amendments 
made by this section [amending this section] shall take effect as of 
October 23, 1992, and shall apply as if the provisions of the paragraph 
(10) of section 1408(h) of title 10, United States Code, added by such 
subsection were included in the amendment made by section 653(a)(2) of 
Public Law 102-484 (106 Stat. 2426) [amending this section].''


                    Effective Date of 1990 Amendment

    Section 555(e) of Pub. L. 101-510, as amended by Pub. L. 102-190, 
div. A, title X, Sec. 1062(a)(1), Dec. 5, 1991, 105 Stat. 1475, provided 
that:
    ``(1) The amendment made by subsection (a) [amending this section] 
shall apply with respect to judgments issued before, on, or after the 
date of the enactment of this Act [Nov. 5, 1990]. In the case of a 
judgment 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) [amending 
this section] 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.''


                    Effective Date of 1987 Amendment

    Amendment by section 3(3) of Pub. L. 100-26 applicable as if 
included in Pub. L. 99-661 when enacted on Nov. 14, 1986, see section 
12(a) of Pub. L. 100-26, set out as a note under section 776 of this 
title.


                    Effective Date of 1986 Amendment

    Section 644(b) of Pub. L. 99-661 provided that: ``The amendments 
made by subsection (a) [amending this section] shall apply with respect 
to court orders issued after the date of the enactment of this Act [Nov. 
14, 1986].''


                    Effective Date of 1984 Amendment

    Section 643(e) of Pub. L. 98-525 provided that: ``The amendments 
made by this section [amending this section] shall apply with respect to 
court orders for which effective service (as described in section 
1408(b)(1) of title 10, United States Code, as amended by subsection (b) 
of this section) is made on or after the date of the enactment of this 
Act [Oct. 19, 1984].''


                  Effective Date; Transition Provisions

    Section 1006 of title X of Pub. L. 97-252, as amended by Pub. L. 98-
94, title IX, Sec. 941(c)(4), Sept. 24, 1983, 97 Stat. 654; Pub. L. 98-
525, title VI, Sec. 645(b), Oct. 19, 1984, 98 Stat. 2549, provided that:
    ``(a) The amendments made by this title [amending this section and 
sections 1072, 1076, 1086, 1447, 1448, and 1450 of this title and 
enacting provisions set out as notes under this section and section 1401 
of this title] shall take effect on the first day of the first month 
[February 1983] which begins more than one hundred and twenty days after 
the date of the enactment of this title [Sept. 8, 1982].
    ``(b) Subsection (d) of section 1408 of title 10, United States 
Code, as added by section 1002(a), shall apply only with respect to 
payments of retired or retainer pay for periods beginning on or after 
the effective date of this title [Feb. 1, 1983, provided in subsec. 
(a)], but without regard to the date of any court order. However, in the 
case of a court order that became final before June 26, 1981, payments 
under such subsection may only be made in accordance with such order as 
in effect on such date and without regard to any subsequent 
modifications.
    ``(c) The amendments made by section 1003 of this title [amending 
sections 1447, 1448, and 1450 of this title] shall apply to persons who 
become eligible to participate in the Survivor Benefit Plan provided for 
in subchapter II of chapter 73 of title 10, United States Code [section 
1447 et seq. of this title], before, on, or after the effective date of 
such amendments.
    ``(d) The amendments made by section 1004 of this title [amending 
sections 1072, 1076, and 1086 of this title] and the provisions of 
section 1005 of this title [formerly set out as a note under this 
section] shall apply in the case of any former spouse of a member or 
former member of the uniformed services whether the final decree of 
divorce, dissolution, or annulment of the marriage of the former spouse 
and such member or former member is dated before, on, or after February 
1, 1983.
    ``(e) For the purposes of this section--
        ``(1) the term `court order' has the same meaning as provided in 
    section 1408(a)(2) of title 10, United States Code (as added by 
    section 1002 of this title);
        ``(2) the term `former spouse' has the same meaning as provided 
    in section 1408(a)(6) of such title (as added by section 1002 of 
    this title); and
        ``(3) the term `uniformed services' has the same meaning as 
    provided in section 1072 of title 10, United States Code.''

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


             Review of Federal Former Spouse Protection Laws

    Section 643 of Pub. L. 105-85 provided that:
    ``(a) Review Required.--The Secretary of Defense shall carry out a 
comprehensive review (including a comparison) of--
        ``(1) the protections, benefits, and treatment afforded under 
    Federal law to members and former members of the uniformed services 
    and former spouses of such persons; and
        ``(2) the protections, benefits, and treatment afforded under 
    Federal law to employees and former employees of the Government and 
    former spouses of such persons.
    ``(b) Military Personnel Matters To Be Reviewed.--In the case of 
members and former members of the uniformed services and former spouses 
of such persons, the review under subsection (a) shall include the 
following:
        ``(1) All provisions of law (principally those originally 
    enacted in the Uniformed Services Former Spouses' Protection Act 
    (title X of Public Law 97-252) [see Short Title of 1982 Amendment 
    note set out under section 1401 of this title]) that--
            ``(A) establish, provide for the enforcement of, or 
        otherwise protect interests of members and former members of the 
        uniformed services and former spouses of such persons in retired 
        or retainer pay of members and former members; or
            ``(B) provide other benefits for members and former members 
        of the uniformed services and former spouses of such persons.
        ``(2) The experience of the uniformed services in administering 
    those provisions of law, including the adequacy and effectiveness of 
    the legal assistance provided by the Department of Defense in 
    matters related to the Uniformed Services Former Spouses' Protection 
    Act.
        ``(3) The experience of members and former members of the 
    uniformed services and former spouses of such persons in the 
    administration of those provisions of law.
        ``(4) The experience of members and former members of the 
    uniformed services and former spouses of such persons in the 
    application of those provisions of law by State courts.
        ``(5) The history of State statutes and State court 
    interpretations of the Uniformed Services Former Spouses' Protection 
    Act and other provisions of Federal law described in paragraph 
    (1)(A) and the extent to which those interpretations follow those 
    laws.
    ``(c) Civilian Personnel Matters To Be Reviewed.--In the case of 
former spouses of employees and former employees of the Government, the 
review under subsection (a) shall include the following:
        ``(1) All provisions of law that--
            ``(A) establish, provide for the enforcement of, or 
        otherwise protect interests of employees and former employees of 
        the Government and former spouses of such persons in annuities 
        of employees and former employees under Federal employees' 
        retirement systems; or
            ``(B) provide other benefits for employees and former 
        employees of the Government and former spouses of such persons.
        ``(2) The experience of the Office of Personnel Management and 
    other agencies of the Government in administering those provisions 
    of law.
        ``(3) The experience of employees and former employees of the 
    Government and former spouses of such persons in the administration 
    of those provisions of law.
        ``(4) The experience of employees and former employees of the 
    Government and former spouses of such persons in the application of 
    those provisions of law by State courts.
    ``(d) Sampling Authorized.--The Secretary may use sampling in 
carrying out the review under this section.
    ``(e) Report.--Not later than September 30, 1999, the Secretary 
shall submit to the Committee on Armed Services of the Senate and the 
Committee on National Security of the House of Representatives [now 
Committee on Armed Services of the House of Representatives] a report on 
the results of the review under subsection (a). The report shall include 
any recommendations for legislation that the Secretary considers 
appropriate.''


     Payroll Deductions for Enforcement of Child Support Obligations

    Section 363(c)(4) of Pub. L. 104-193 provided that: ``The Secretary 
of Defense shall begin payroll deductions within 30 days after receiving 
notice of withholding, or for the first pay period that begins after 
such 30-day period.''


             Accrual of Payments; Prospective Applicability

    Section 653(c) of Pub. L. 102-484 provided that: ``No payments under 
subsection (h) of section 1408 of title 10, United States Code (as added 
by subsection (a)), shall accrue for periods before the date of the 
enactment of this Act [Oct. 23, 1992].''


    Study Concerning Benefits for Dependents Who Are Victims of Abuse

    Section 653(e) of Pub. L. 102-484 provided that:
    ``(1) The Secretary of Defense shall conduct a study in order to 
estimate--
        ``(A) the number of persons who will become eligible to receive 
    payments under subsection (h) of section 1408 of title 10, United 
    States Code (as added by subsection (a)), during each of fiscal 
    years 1993 through 2000; and
        ``(B) for each of fiscal years 1993 through 2000, the number of 
    members of the Armed Forces who, after having completed at least 
    one, and less than 20, years of service in that fiscal year, will be 
    approved in that fiscal year for separation from the Armed Forces as 
    a result of having abused a spouse or dependent child.
    ``(2) The study shall include a thorough analysis of--
        ``(A) the effects, if any, of appeals and requests for clemency 
    in the case of court-martial convictions on the entitlement to 
    payments in accordance with subsection (h) of section 1408 of title 
    10, United States Code (as added by subsection (a));
        ``(B) the socio-economic effects on the dependents of members of 
    the Armed Forces described in subsection (h)(2) of such section that 
    result from terminations of the eligibility of such members to 
    receive retired or retainer pay; and
        ``(C) the effects of separations of such members from the Armed 
    Forces on the mission readiness of the units of assignment of such 
    members when separated and on the Armed Forces in general.
    ``(3) Not later than one year after the date of the enactment of 
this Act [Oct. 23, 1992], the Secretary shall submit to Congress a 
report on the results of the study.''


                   Commissary and Exchange Privileges

    Section 1005 of Pub. L. 97-252, which directed Secretary of Defense 
to prescribe regulations to provide that an unremarried former spouse 
described in 10 U.S.C. 1072(2)(F)(i) is entitled to commissary and post 
exchange privileges to the same extent and on the same basis as the 
surviving spouse of a retired member of the uniformed services, was 
repealed and restated in section 1062 of this title by Pub. L. 100-370, 
Sec. 1(c)(1), (5).

                  Section Referred to in Other Sections

    This section is referred to in sections 1059, 1078a, 1447, 1461, 
1463 of this title; title 5 sections 8332, 8411.
