H-848                _______________________________________________

                                                    HOUSE BILL NO. 538

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Locke, Brough, Wang, Unsoeld, Valle, Miller, Todd and Niemi

Read first time 1/30/87 and referred to Committee on Judiciary.

AN ACT Relating to community property; adding new sections to chapter 26.16 RCW; providing an effective date; and providing an expiration date.

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:

          Prior to a United States Supreme Court decision on June 25, 1981, Washington law had for several years provided that military retirement compensation was divisible as part of community property.  Congress overturned this United States Supreme Court decision effective February 1, 1983.  Congress acted to permit community property settlements, judgments, or decrees that became final on or after June 25, 1981, and before February 1, 1983, to be modified to include a division of military retirement compensation.  The compensation which can be considered is that  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.  Although there is a desire for finality of court decisions, the legislature declares that the interests of justice require that the superior courts of Washington review community property settlements, judgments, or decrees in accordance with section 2 of this act.

NEW SECTION. Sec. 2.  A new section is added to chapter 26.16 RCW to read as follows:

          (1)  The court shall consider a motion made for modification of settlements, judgments, or decrees providing for the distribution of community property under this section.  The court shall consider the motion whether or not in the property settlement, judgment, or decree the military retirement pay issue was expressly reserved for further determination, any reference to military retirement pay was omitted, or it was 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.

          (2) Any proceeding brought pursuant to this section shall be brought before January 1, 1989.

NEW SECTION. Sec. 3.  A new section is added to chapter 26.16 RCW to read as follows:

          The court, in the interests of justice, may consider a motion made for modification of settlements, judgments, or decrees providing for the distribution of community property under this section.  The court shall consider the motion whether or not in the property settlement, judgment, or decree the military retirement pay issue was expressly reserved for further determination, any reference to military retirement pay was omitted, or it was 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.

NEW SECTION. Sec. 4.     Section 2 of this act shall expire January 1, 1989.

NEW SECTION. Sec. 5.     Section 3 of this act shall take effect January 1, 1989.