CALIFORNIA FAMILY LAW
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Employment Benefits-Pension/Disability
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Federal Benefits
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US Former Spouses' Protection Act
............Retroactivity
8 Cards On This Topic:
USFSPA retroactive to 6/25/81.
Effective 11/5/92, post-USFSPA orders partitioning omitted military pensions are abrogated.
Rules for post-McCarty omitted pension orders, including: post-11/5/90 orders and orders for payment of past benefits; effect of 11/5/90 amendments.
Trial court properly divided pre-McCarty omitted pension; McCarty's effect intended to be nullified.
Every effort has been made to make all effects of McCarty disappear.
Former Civil Code section 5124 doesn't apply if prior order reserved jurisdiction over pension. Court may reinstate W's military pension rights.
USFSPA intended to abrogate all applications of McCarty.
Jurisdiction to modify McCarty-era judgments expired 1/1/86.