106 STAT. 3206 PUBLIC LAW 102-496—OCT. 24, 1992
- (D) UNILATERAL ELECTIONS IN ABSENCE OF SPOUSE
OR FORMER SPOUSE. —The Director may prescribe regulations under which a participant or former participant may make an election under subparagraph (B) or (C) without the participant's spouse or former spouse if the participant estaolishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to determine, the whereabouts of the spouse or former spouse. "(2) AMOUNT OF REDUCTION IN PARTICIPANT'S ANNUITY. — The annuity of a participant or former participant providing a survivor annuity under this section (or section 222(b)), excluding any portion of the annuity not designated or committed as a base for any survivor annuity, shall be reduced by 2V2 percent of the first $3,600 plus 10 percent of any amount over $3,600. The reduction under this paragraph shall be calculated before any reduction under section 222(a)(5).
- (3) AMOUNT OF SURVIVING SPOUSE ANNUITY. —
"(A) IN GENERAL.— If a retired participant receiving a reduced annuity under this subsection dies and is survived by a spouse, a survivor annuity shall be paid to the surviving spouse. The amount of the annuity shall be equal to 55 percent of (i) the full amount of the particif>ant s annuity computed under subsection (a), or (ii) any esser amount elected as the base for the survivor annuity under paragraph (I)(B). "(B) LIMITATION. —Notwithstanding subparagraph (A), the amount of the annuity calculated under subparagraph (A) for a surviving spouse in any case in which there is also a surviving former spouse of the retired participant who qualifies for an annuity under section 222(b) may not exceed 55 percent of the portion (if any) of the base for survivor annuities which remains available under section 222(b)(4)(B). "(C) EFFECTIVE DATE AND TERMINATION OF ANNUITY. — An annuity payable from the fund to a surviving spouse under this paragraph shall commence on the day after the retired participant dies and shall terminate on the last day of the month before the surviving spouse's death or remarriage before attaining age 55. If such survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid upon termination of the annuity is returned to the fund. "(c) 18-MoNTH OPEN PERIOD AFTER RETIREMENT TO PROVIDE SPOUSE COVERAGE.— "(1) SURVIVOR ANNUITY ELECTIONS.— "(A) ELECTION WHEN SPOUSE COVERAGE WAIVED AT TIME OF RETIREMENT.— ^A participant or former participant who retires after March 31, 1992 and who— ^ "(i) is married at the time of retirement; and "(ii) elects at that time (in accordance with subsection (b)) to w£dve a survivor annuity for the spouse, may, during the 18-month period beginning dn the date of the retirement of the participant, elect to have a reduction under subsection (b) made in the annuity of the psurtici-
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