Page:United States Statutes at Large Volume 100 Part 1.djvu/567

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 531

lively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest. "(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year. "(b) If the electing individual does not make the deposit required under subsection (a), the Office shall collect such amount by offset against such individual's annuity, up to a maximum of 25 percent of the net annuity otherwise payable, and the individual is deemed to consent to such offset. "(c) Subsections (a) and (b) shall not apply if^ "(1) the employee or Member makes an election under section 8416 (b) or (c) after having made an election under section 8420; and "(2) the election under such section 8420 becomes void under subsection (b)(3) or (c)(2) of such section 8416. "(d) The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.

Regulations.

"§ 8419. Survivor reductions; computation 5 USC 8419. "(a)(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable), shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for. "(2)(A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)), shall be reduced by an appropriate percentage determined under subparagraph (B). "(B) The Office shall prescribe regulations under which an appro- Regulations. priate reduction under this paragraph, not to exceed a total of 10 percent, shall be made. "(b)(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month— "(A) after the death of the spouse; or "(B) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445. "(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following: "(A) another former spouse who is entitled to a survivor annuity under section 8445;