Page:United States Statutes at Large Volume 96 Part 1.djvu/772

 96 STAT. 730 Uniformed

PUBLIC LAW 97-252—SEPT. 8, 1982 TITLE X—FORMER SPOUSES' PROTECTION

Services Former Protection Act.

10 USC 1401 note.

SHORT TITLE

SEC. 1001. This title may be cited as the "Uniformed Services Former Spouses' Protection Act". PAYMENT OF RETIRED AND RETAINER PAY

SEC. 1002. (a) Chapter 71 of title 10, United States Code, is amended by adding at the end thereof the following new section: 10 USC 1408. Definitions.

"§ 1408. Payment of retired or retainer pay in compliance with court orders "(a) In this section: "(1) '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; and "(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. "(2) '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), 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 462(b) of the Social Security Act (42 U.S.C. 662(b)))"; "(ii) payment of alimony (as defined in section 462(c) of the Social Security Act (42 U.S.C. 662(c)))"; or "(iii) division of property (including a division of community property); and "(C) specifically provides for the payment of an amount, expressed in dollars or as a percentage of disposable retired or retainer pay, from the disposable retired or retainer pay of a member to the spouse or former spouse of that member. "(3) '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) 'Disposable retired or retainer pay' means the total monthly retired or retainer pay to which a member is entitled

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