Page:United States Statutes at Large Volume 106 Part 4.djvu/482

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106 STAT. 3218 PUBLIC LAW 102-496—OCT. 24, 1992 "(1) COMMENCEMENT OF ANNUITY. —The entitlement of a former spouse to a survivor annuity under this section shall commence— "(A) in the case of a former spouse of a participant or retired participant who is deceased as of October 1, 1986, beginning on the later of—

    • (i) the 60th day after such date; or

(ii) the date on which the former spouse reaches age 50; and "(B) in the case of any other former spouse, beginning on the latest of— "(i) the date on which the participant or former participant to whom the former spouse was married dies; "(ii) the 60th day after October 1, 1986; or (iii) the date on which the former spouse attains age 50. "(2) TERMINATION OF ANNUITY. —The entitlement of a former spouse to a survivor annuity xmder this section terminates on the last day of the month before the former spouse's death or remarriage before attaining age 55. The entitlement of a former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce. "(d) APPLICATION. —

    • (1) TIME LIMIT; WAIVER.— ^A survivor annuity under this

section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than April 1, 1989. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver. "(2) RETROACTIVE BENEFITS.— Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1986.

    • (e) RESTORATION OF ANNUITY. —Notwithstanding subsection

(d)(D, the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(2). 50 USC 2035. «SEC. 226. RETIREMENT ANNUITY FOR CERTAIN FORMER SPOUSES. "(a) RETIREMENT ANNUITY. —An individual who was a former spouse of a participant, former participant, or retired participant on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity— "(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or