Page:United States Statutes at Large Volume 106 Part 3.djvu/633

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2427 conduct while a member involving abuse of a spouse or dependent child (as defined in regulations prescribed by the Secretary of Defense); and "(B) the spouse or former spouse— "(i) was the victim of the abuse and was married to the member or former member at the time of that abuse; or "(ii) is a natural or adopted parent of a dependent child of the member or former memoer who was the victim of the abuse. (3) The amount certified by the Secretary concerned under paragraph (4) with respect to a member or former member of the armed forces referred to in paragraph (2)(A) shall be deemed to be the disposable retired pay of that member or former member for the purposes of this subs^ion. "(4) Upon the request of a court or an eligible spouse or former spouse of a member or former member of the armed forces referred to in paragraph (2)(A) in connection with a civil action for the issuance of a court order in the case of that member or former member, the Secretary concerned shall determine and certify the amount of the montmy retired pay that Uie member or former member would have been entitled to receive as of the date of the certification— "(A) if the member or former member's eligibility for retired pay had not been terminated as described in paragraph (2)(A); and "(B) if, in the case of a member or former member not in receipt of retired pay immediately before that termination of eligibility for retired pay, the member or former member had retired on the effective date of that termination eligibility. "(5) A court order under this subsection may provide that whenever retired pay is increased under section 1401a of this title (or any other provision of law), the amount payable under the court order to the spouse or former spouse of a member or former member described m paragraph (2)(A) shall be increased at the same time by the percent by which the retired pa^ of the member or former member would have been increased if the member or former member were receiving retired pay. "(6) Notwithstanding any other provision of law, a member or former member of the armed forces referred to in paragraph (2)(A) shall have no ownership interest in, or claim against, any amount payable under this section to a spouse or former spouse of the member or former member. (7)(A) If a former spouse receiving payments under this subsection with respect to a member or former member referred to in paragraph (2)(A) marries again after such payments begin, the eligibility of the former spouse to receive further payments under this subsection shall terminate on the date of such marriage.

    • (B) A person's eligibility to receive payments under this subsection that is terminated under subparagraph (A) by reason of

remarriage shall be resumed in the event of the termination of that marriaj^ by the death of that person's spouse or by annulment or divorce. The resumption of payments shall begin as of the first day of the month in which that marriage is so terminated. The monthly amount of the payments shall be the amount that would have been paid if the continuity of the payments had not been interrupted by the marriage.