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Is America Betraying Its Military Retirees? |
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By MSgt Ronald King, US Army (Ret)
On 26 June 1981, the United States Supreme Court rendered a decision in the McCarty case that stated, “The military retirement system confers no entitlement to retired pay upon the retired member's spouse, and does not embody even a limited community property concept and that the language, structure, and history of the statute makes it clear that retired pay is to continue to be the personal entitlement of the retiree.”
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Last Updated ( Tuesday, 01 July 2008 )
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The USFSPA Liberation Support Group supports the rights of all service members active-duty/retired/ Guard & Reserve military members, Commissioned Corps of the US Public Health Service and Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA) in challenging the Uniformed Services Former Spouses’ Protection Act (“USFSPA”), Pub. L. No. 97-252, 96 Stat. 730 (1982), currently codified as amended at 10 U.S.C. § 1408. This law, hastily passed by our Congress without forethought and little discussion, invalidated the United States Supreme Court's 1981 majority 6-3 ruling (McCARTY v. McCARTY , 453 U.S. 210 1981) that asserted military retirement/retainer pay is not subject to division as common property in state divorce proceedings.
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Last Updated ( Thursday, 15 May 2008 )
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