SENATE BILL REPORT

SB 6304

BYSenators Conner, Wojahn, Lee, Benitz, Niemi and Bauer

Providing for the modification of judgments regarding the community property treatment of military retirement benefits.

Senate Committee on Law and Justice

Senate Hearing Date(s):February 4, 1988; February 5, 1988

Majority Report:  Do pass as amended.

      Signed by Senators Pullen, Chairman; McCaslin, Vice Chairman; Halsan, Niemi, Talmadge.

Senate Staff:Lidia Mori (786-7418)

                  February 8, 1988

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 5, 1988

BACKGROUND:

Prior to June 5, 1981, military retirement pay was considered to be community property in Washington.  The United States Supreme Court issued the McCarty decision on June 5, 1981,a decision which held that military retirement pay was not divisible as community property in a dissolution proceeding.  Congress subsequently enacted a law, effective February 1, 1983, which allowed the states to treat military retirement compensation payable on or after February 1, 1983 as community property.  The property settlement, judgment or decree must have become final on or after June 25, 1981, and before February 1, 1983.

SUMMARY:

Courts will consider any motions brought before January 1, 1989 for modification of settlements, judgments, or decrees which provide for the distribution of community property.  The court will consider the motions without regard to whether the military retirement pay issue was reserved for further determination or implicitly or otherwise assumed not to be divisible as community property.

Motions for modification of settlements, judgments, or decrees brought on or after January 1, 1989, which provide for the distribution of community property may, in the interests of justice, be considered.  The court will consider the motions whether or not the issue of military retirement pay was reserved expressly for further determination or assumed not to be divisible as community property.

SUMMARY OF PROPOSED COMMITTEE AMENDMENTS:

The courts will consider any motions brought before January 1, 1990 for modification of settlements, judgments, or decrees which provide for the distribution of community property.

Motions for modification of settlements, judgments, or decrees brought on or after January 1, 1990, which provide for the distribution of community property may, in the interests of justice, be considered.

Appropriation:    none

Revenue:    none

Fiscal Note:      requested February 2, 1988

Senate Committee - Testified: Beverly Doty, American Association of University Women, representing EXPOSE, Washington Women United; Dan Doty; Toni Wallner; Dave Rodgers, Retired Servicemen Group; Lt. Col. Richard K. Wheeler; Damon Stewart