S-251 _______________________________________________
SENATE BILL NO. 3211
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State of Washington 49th Legislature 1985 Regular Session
By Senators Thompson, Newhouse and Talmadge
Read first time 1/21/85 and referred to Committee on Judiciary.
AN ACT Relating to community property; and adding a new section to chapter 26.16 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. A new section is added to chapter 26.16 RCW to read as follows:
(1) Community property settlements, judgments, or decrees that became final on or after June 25, 1981, and before February 1, 1983, may be modified to include a division of military retirement benefits payable on or after February 1, 1983, in a manner consistent with federal law and the law of this state as it existed before June 26, 1981, and as it has existed since February 1, 1983.
(2) Modification of community property settlements, judgments, or decrees under this section may be granted whether or not the property settlement, judgment, or decree expressly reserved the military retirement pay issue for further determination, omitted any reference to military retirement pay, or assumed in any manner, implicitly or otherwise, that military retirement pay, divisible as community property before June 25, 1981, and on or after February 1, 1983, was not, as of the date the property settlement, judgment, or decree became final, divisible community property.
(3) Any proceeding brought pursuant to this section shall be brought before January 1, 1987.