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780 LAWS OF MARYLAND Ch. 159
FOR the purpose of requiring that military pensions be considered
in a certain manner by a court when determining property
disposition in divorce and annulment.
BY renumbering
Article - Courts and Judicial Proceedings
Section 3-6A-07
to be Section 3-6A-08
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
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BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 3-6A-01(e) and 3-6A-05
BY adding to
Article - Courts and Judicial Proceedings
Section 3-6A-07
Annotated Code of Maryland
(1980 Replacement Volume and 1982 Supplement)
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Preamble
WHEREAS, The Maryland Court of Appeals and the Court of
Special Appeals have decided that pension and retirement beneifts
are marital property under the State Marital Property Act and
therefore subject to an equitable distribution between the
spouse when the marriage is dissolved; and
WHEREAS, However, the Maryland Court of Appeals, in Hill v.
Hill, 291 Md. 615, 436 A.2D 67 (1981), deferred to the United
States Supreme Court's holding in McCarty v. McCarty, 453 U.S.
210 (1981) that federal law on military retirement benefits
precludes a state court from dividing military retirement pay
pursuant to state community property laws; and
WHEREAS, The 97th Congress has responded to the decision of
the Supreme Court by passing the "Uniformed Services Former
Spouses' Protection Act," 10 U.S.C. § 1408, effective Feb. 1,
1983; and
WHEREAS, The Uniformed Services Former Spouses' Protection
Act permits state courts to treat disposable military pensions,
retirement benefits or retainer pay payable to a service member
for pay periods beginning after June 25, 1981, either as property
solely of the member or as property of the member and the
member's spouse in accordance with state law; and
WHEREAS, It is the policy of this State and this General
Assembly to protect former spouses by acknowledging and carefully
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