Senate File 206 - Introduced SENATE FILE 206 BY ERNST A BILL FOR An Act relating to property division in dissolution proceedings 1 relating to military disposable retired pay. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1937XS (1) 85 pf/nh
S.F. 206 Section 1. Section 598.21, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 6A. Disposable retired pay —— member of 3 the military. Disposable retired pay, as defined pursuant to 4 10 U.S.C. § 1408(a)(4), to which a party is entitled shall be 5 subject to property division but shall be restricted such that 6 any award shall correspond with the party’s length of service 7 and pay grade at the time of the dissolution, not the future 8 time of retirement, if applicable. 9 EXPLANATION 10 Under the federal Uniformed Services Former Spouses 11 Protection Act, the disposable retired pay of a member of 12 the military may be considered property in a dissolution of 13 marriage. This bill provides, however, that any award of 14 disposable retired pay is to correspond with the length of 15 service and pay grade of the recipient party at the time of the 16 dissolution, not the future time of retirement, if applicable. 17 -1- LSB 1937XS (1) 85 pf/nh 1/ 1