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gress amended section 1408(a)(4) of title 10 by deleting from
that section subparagraph (C) (quoted above). NDA Act sec.
555(b)(3), 104 Stat. 1569. As amended, section 1408 of title 10
no longer reduces disposable retired pay (i.e., the total monthly
retired pay to which a member of an armed force or a uniformed
service is entitled) by amounts “properly withheld for Federal,
State, or local income tax purposes”. 10 U.S.C. sec. 1408(a)(4).
Congress made its amendment of section 1408 of title 10 applica-
ble to divorces that became effective on or after February 3,
1991. NDA Act sec. 555(e)(2), 104 Stat. 1570. (We shall refer
to disposable retired pay as that term is defined for divorces
that became effective prior to February 3, 1991, as pre-amendment
disposable retired pay. We shall refer to disposable retired pay
as that term is defined for divorces that became effective on or
after February 3, 1991, as post-amendment disposable retired
pay.)
In August 1989, the Finance and Accounting Center of the
United States Department of the Army (AFAC) began making the
monthly payments to petitioner that petitioner’s divorce decree
and petitioner’s property settlement agreement required and that
were equal to 50 percent of Mr. Seaman’s pre-amendment disposable
retired pay. In 1991, the Defense Finance and Accounting Service
(DFAS) assumed the operations of AFAC and continued to make such
payments to petitioner.
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