CALIFORNIA FAMILY LAW
...Employment Benefits-Pension/Disability
......Federal Benefits
.........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.