Sec. 624. TECHNICAL CORRECTIONS TO USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF SERVICE IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY
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## SEC. 624 TECHNICAL CORRECTIONS TO USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF SERVICE IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY ###
(a)In General Section 1408 of title 10, United States Code, is amended— ####
(1)in subsection (a)(4)— #####
(A)in the matter preceding clause
(i)of subparagraph (A), by striking “(as determined pursuant to subparagraph (B)”; and #####
(B)by striking subparagraph
(B)and inserting the following new subparagraph (B): > > ##### “(B) > > For purposes of subparagraph (A), in the case of a division of property as part of a final decree of divorce, dissolution, annulment, or legal separation that becomes final prior to the date of a member’s retirement, the total monthly retired pay to which the member is entitled shall be— > > > ###### “(i) > > in the case of a member not described in clause (ii), the amount of retired pay to which the member would have been entitled using the member’s retired pay base and years of service on the date of the decree of divorce, dissolution, annulment, or legal separation, as computed under section 1406 or 1407 of this title, whichever is applicable, increased by the sum of the cost-of-living adjustments that— > > > ###### “(I) > > would have occurred under section 1401a(b) of this title between the date of the decree of divorce, dissolution, annulment, or legal separation and the time of the member’s retirement using the adjustment provisions under section 1401a of this title applicable to the member upon retirement; and > > > ###### “(II) > > occur under 1401a of this title after the member’s retirement; or > > > ###### “(ii) > > in the case of a member who becomes entitled to retired pay pursuant to chapter 1223 of this title, the amount of retired pay to which the member would have been entitled using the member’s retired pay base and creditable service points on the date of the decree of divorce, dissolution, annulment, or legal separation, as computer under chapter 1223 of this title, increased by the sum of the cost-of-living adjustments as described in clause
(i)that apply with respect to the member.” > ; and ####
(2)in subsection (d), by adding at the end the following new paragraph: > > #### “(8) > > A division of property award computed as a percentage of a member’s disposable retired pay shall be increased by the same percentage as any cost-of-living adjustment made under section 1401a after the member’s retirement.” > . ###
(b)Effective Date **[**[10 U.S.C. 1408 note](/us/usc/t10/s1408)**]** The amendments made by subsection
(a)shall take effect on December 23, 2016, as if enacted immediately following the enactment of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328) to which such amendments relate. ###
(c)Applicability **[**[10 U.S.C. 1408 note](/us/usc/t10/s1408)**]** The amendments made by subsection
(a)shall apply with respect to any division of property as part of a final decree of divorce, dissolution, annulment, or legal separation involving a member of the Armed Forces to which section 1408 of title 10, United States Code, applies that becomes final after December 23, 2016.
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Sec. 624
TECHNICAL CORRECTIONS TO USE OF MEMBER’S CURRENT PAY GRADE AND YEARS OF SERVICE IN A DIVISION OF PROPERTY INVOLVING DISPOSABLE RETIRED PAY
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