Senate File 209 - Introduced SENATE FILE 209 BY ERNST A BILL FOR An Act relating to property division in dissolution proceedings 1 relating to military disposable retired pay and including 2 remarriage of a party. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2298XS (3) 85 pf/nh

S.F. 209 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, and shall terminate for the 9 party who is not the entitled party upon remarriage of that 10 party. 11 EXPLANATION 12 Under the federal Uniformed Services Former Spouses 13 Protection Act, the disposable retired pay of a member of 14 the military may be considered property in a dissolution of 15 marriage. This bill provides, however, that any award of 16 disposable retired pay is to correspond with the length of 17 service and pay grade of the recipient party at the time of the 18 dissolution, not the future time of retirement, if applicable, 19 and shall terminate for the party who is not the entitled party 20 upon remarriage of that party. 21 -1- LSB 2298XS (3) 85 pf/nh 1/ 1