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Code · BILL · 113th Congress · H.R. 2117 (Introduced in House) — To simplify and enhance qualified retirement plans, and for other purposes. · Sec. 505

Sec. 505. Modification of reductions in disposable retired pay for payments in compliance with court orders

158 words·~1 min read·/bill/113/hr/2117/ih/section-505·

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Section 1408(d) of title 10, United States Code, is amended by adding at the end the following new paragraph: Notwithstanding subsection (a)(4) or (e)(1), if the disposable retired pay of a member is reduced under subparagraph
(B)of subsection (a)(4) as a result of a waiver required to receive compensation under title 38, or is reduced under subparagraph
(C)of subsection (a)(4), the Secretary concerned shall pay (subject to any other limitation under this section) to the spouse or former spouse the lesser of— the amount payable under the final court order from the disposable retired pay (determined without regard to such reductions), or 100 percent of the disposable retired pay (determined after such reductions). . The amendment made by this section shall apply to payments of disposable retired pay attributable to periods beginning on or after the date of the enactment of this Act with respect to final court orders issued on, before, or after such date.
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