Page:United States Statutes at Large Volume 104 Part 3.djvu/217

 PUBLIC LAW 101-510—NOV. 5, 1990 104 STAT. 1569 Defense shall prescribe regulations based on such report, comments, and recommendations. The regulations shall provide that an inappropriate referral for a mental health evaluation or an involuntary hospitalization, when undertaken as a reprisal for a communication described in subsection (d)(2)(B), may be the basis for a proceeding under section 892 of title 10, United States Code (article 92 of the Uniform Code of Military Justice). (h) TERMINATION OF COMMITTEE. —The advisory committee shall terminate on the date on which the Secretary prescribes regulations under subsection (g). SEC. 555. AMENDMENTS TO THE UNIFORMED SERVICES FORMER SPOUSES' PROTECTION ACT (a) PROHIBITION OF CERTAIN RETROACTIVE COURT ORDERS. — Subsection (c)(1) of section 1408 of title 10, United States Code, is amended by adding at the end the following new sentence: "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.". (b) REDUCTIONS ALLOWED FOR DETERMINATION OF DISPOSABLE RE- TIRED PAY.—Subsection (a)(4) of such section is amended— (1) by striking out the semicolon at the end of subparagraph (A) and inserting in lieu thereof "for previous overpayments of retired pay and for recoupments required by law resulting from entitlement to retired pay;" (2) by striking out subparagraph (B) and inserting in lieu thereof the following: "(B) are deducted from the retired pay of such member as a result of forfeitures of retired pay ordered by a courtmartial or as a result of a waiver of retired pay required by law in order to receive compensation under title 5 or title 38;"; (3) by striking out subparagraphs (C) and (D); and (4) by redesignating subparagraphs (E) and (F) as subparagraphs (C) and (D), respectively. (c) CLARIFICATION OF STATUS OF PAYMENTS TO SPOUSES AND FORMER SPOUSES.—Subsection (c)(2) of such section is amended by adding at the end the following new sentence: "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.". (d) CLARIFICATION OF LIMITS ON PAYMENTS OF RETIRED PAY. —(1) Paragraph (1) of subsection (e) of such section is amended by striking out "payable under subsection (d)" and inserting in lieu thereof "payable under all court orders pursuant to subsection (c)". (2) Paragraph (4)(B) of such subsection is amended by striking out "the disposable retired or retainer pay payable to such member" and inserting in lieu thereof "the amount of the retired pay payable

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