Page:United States Statutes at Large Volume 96 Part 1.djvu/773

 PUBLIC LAW 97-252—SEPT. 8, 1982 (other than the retired pay of a member retired for disability under chapter 61 of this title) less amounts which— "(A) are owed by that member to the United States; "(B) 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; "(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 1954 (26 U.S.C. 3402(i)) if such member presents evidence of a tax obligation which supports such withholding; "(E) are deducted as Government life insurance premiums (not including amounts deducted for supplemental coverage); or "(F) 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 or retainer pay is being made pursuant to a court order under this section. "(5) 'Member' includes a former member. "(6) '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. "(b) 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 (h) or, if no agent has been so designated, the Secretary concerned, is personally served or is served by certified or registered mail, return receipt requested; "(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 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)(1) Subject to the limitations of this section, a court may treat disposable retired or retainer 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.

96 STAT. 731 lo use 1201 et ®^ ^-

5 USC lOi; 38 use lOl.

10 USC 1431 et

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