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HR 2365 99th Congress House Armed Forces and National Security Annuities Divorce Divorcees Domestic Relations and Families Military dependents Military pensions Retired military personnel Survivors' benefits

Uniformed Services Former Spouses' Equity Act

Introduced: May 6, 1985 See on congress.gov
 Everywhere this bill has been 4 steps
Introduced
In committee
Reported out
Passed House
Passed Senate
To President
Became law
May 10, 1985
Referred to Subcommittee on Military Personnel and Compensation.
May 10, 1985
Executive Comment Requested from DOD.
May 6, 1985
Referred to House Committee on Armed Services.
May 6, 1985
Introduced in House
 Plain-English summary Congressional Research Service

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.)

What's happening now May 10, 1985

Referred to Subcommittee on Military Personnel and Compensation.

 Committees of jurisdiction 2