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