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B-228790.2 1 (1991-03-01)

handle is hein.gao/gaobadnvp0001 and id is 1 raw text is: IComptroller General of the United States Washinoen, D.C. 2054 Decision Matter of: Colonel Robert D. Slay, USMC (Retired) File: B-228790.2 Date: March 1, 1991 DIGEST Uniformed Services Former Spouses' Protection Act excepts veterans disability compensation from the disposable retired pay the government may pay to a retired member's former spouse pursuant to court-ordered apportionment. Where veterans disability compensation is increased retroactively, and the retired member earlier waived retired pay equal to his entitlement to such compensation, the disposable retired pay subject to apportionment by court order should be adjusted downward retroactively to reflect the retroactive increase. Further, GAO would not object if the service decides that waiver of the former spouse's resulting debt, which is less than $500, is appropriate under 10 U.S.C. § 277-4. DECISION This decision responds to a request from the Marine Corps Finance Center for an advance decision on whether retired Colonel Robert D. Slay's disposable retired pay must be retroactively adjusted downward for purposes of a court- approved apportionment of it on behalf of his former spouse, to reflect a retroactive increase in the member's entitlement to disability compensation from the Department of Veterans Affairs (VA).I/ The Marine Corps' concern is that such adjustment would lead to the conclusion that Colonel Slay's former spouse, who had been receiving half of his disposable retired pay under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. § 1408 (1988), and pursuant to court decree, had been overpaid by the Marine Corps during the retroactive period. Section 1408(e) of title 10 limits the amount of retired pay that is payable by the government to a former spouse pursuant to a court-approved property settlement to 50 percent of 1/ The matter was assigned control number DO-MC-1486 by the Department of Defense Military Pay and Allowance Committee. 10 / I 33) -

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