Page:United States Statutes at Large Volume 98 Part 3.djvu/176

 98 STAT. 2548

Effective date. 10 USC 1408 note.

PUBLIC LAW 98-525—OCT. 19, 1984

court orders and legal process from the retired or retainer pay of the member shall be". (4) The first sentence of paragraph (5) of such subsection is amended— (A) by striking out "of disposable retired or retainer pay" both places it appears; and (B) by striking out "such pay" and inserting in lieu thereof "disposable retired or retainer pay". (e) The amendments made by 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. CLARIFICATION OF AUTHORITY TO ELECT FORMER SPOUSES AS BENEFICIARIES UNDER THE SURVIVOR BENEFIT PLAN

SEC. 644. Section 1450(f) of title 10, United States Code, is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph (3): "(3)(A) If a person described in paragraph (2) or (3) of section 1448(b) of this title enters, incident to a proceeding of divorce, dissolution, or annulment, into a voluntary written agreement to elect under section 1448(b) of this title to provide an annuity to a former spouse and such agreement has been incorporated in or ratified or approved by a court order, and such person then fails or refuses to make such an election, such person shall be deemed to have made such an election if the Secretary concerned receives a written request, in such manner as the Secretary shall prescribe, from the former spouse concerned requesting that such an election be deemed to have been made and receives a copy of the court order, regular on its face, which incorporates, ratifies, or approves the voluntary written agreement of such person. "(B) An election may not be deemed to have been made under subparagraph (A) in the case of any person unless the Secretary concerned receives a request from the former spouse of the person before October 1, 1985, or within one year of the date of the court order involved, whichever is later. "(C) An election deemed to have been made under subparagraph (A) shall become effective on the first day of the first month which begins after the date of the court order involved.". MISCELLANEOUS RIGHTS AND BENEFITS FOR FORMER SPOUSES

SEC. 645. (a) Section 1072(2) of title 10, United States Code, is amended— (1) by striking out "and" at the end of clause (E); (2) by striking out the period at the end of clause (F) and inserting in lieu thereof "; and"; and (3) by adding at the end thereof the following new clause: "(G) a person who (i) is the unremarried former spouse of a member or former member who performed at least 20 years of service which is creditable in determining the member or former member's eligibility for retired or retainer pay, or equivalent pay, and on the date of the final

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