Page:United States Statutes at Large Volume 106 Part 6.djvu/654

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106 STAT. 5212 CONCURRENT RESOLUTIONS—OCT. 8, 1992 (B) strike out subsection (h) of section 1408 of title 10, United States Code, as proposed to be inserted by subsection (a)(2), and insert in lieu thereof the following: "(h) BENEFITS FOR DEPENDENTS WHO ARE VICTIMS OF ABUSE BY MEMBERS LOSING RIGHT TO RETIRED PAY.— (1) If, in the case of a member or former member of the armed forces referred to in paragraph (2)(A), a court order provides (in the manner applicable to a division of property) for the payment of an amount from the disposable retired pay of that member or former member (as certified under paragraph (4)) to an eligible spouse or former spoiise of that member or former member, the Secretary concerned, begin- ']' ning upon effective service of such court order, shall pay that amount in accordance with this subsection to such spouse or former spouse. "(2) A spouse or former spouse of a member or former member of the armed forces is eligible to receive pa3anent under this subsection if— "(A) the member or former member, while a member of the armed forces and after becoming eligible to be retired from the armed forces on the basis of years of service, has eligibility to receive retired pay terminated as a result of misconduct 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 member 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 subsection. "(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 monthly retired pay that the 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 of 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 in paragraph (2)(A) shall be increased at the