[Air Force Officer's Protest of Retired Pay Distribution]

B-240481.5: Aug 16, 1994

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A retired Air Force officer appealed the settlement on the distribution of his retired pay, contending that: (1) the Air Force was paying too much of his retired pay to his former spouse; and (2) his disposable retired pay attributable to his active duty service prior to June 26, 1981, was not divisible by the court. GAO held that: (1) under applicable federal law and state court rulings, the officer's disposable retired pay was subject to distribution by the court; and (2) the date incorporated into the federal law was irrelevant and had no bearing on the amount of retired pay awarded to the officer's former spouse. Accordingly, the settlement was affirmed.

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