Page:United States Statutes at Large Volume 106 Part 4.djvu/484

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106 STAT. 3220 PUBLIC LAW 102-496—OCT. 24, 1992

    • (B) RETROACTIVE BENEFITS. —Upon approval of an

application under subparagraph (A), the appropriate annuity shall be pavable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before December 2, 1987. "(d) RESTORATION OF ANNUITIES.—Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such annuity is restored under subsection (b)(l) or (c)(l)(B). "(e) SAVINGS PROVISION.— Nothin^ in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this title. mJSC 2036. ««EC. 226. SURVIVOR ANNUITIES FOR PREVIOUS SPOUSEa The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in section 8331(23) of title 5, United States Code) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984. Part D—Benefits Accruing to Certain Participants 50 USC 2051. 'nSEC. 231. RETIREMENT FOR DISABILITY OR fNCAPACITY—MEDICAL EXAMINATION—RECOVERY.

    • (a) DISABILITY RETIREMENT. —

"(1) ELIGIBILITY. —A participant who has become disabled shall, upon the participant's own application or upon order of the Director, be retired on an annuity computed under subsection (b). "(2) STANDARD FOR DISABILITY DETERMINATION. —A participant shall be considered to be disabled only if the participant— "(A) is found by the Director to be unable, because of disease or ii\jury, to render useful and efficient service in the participant's position; and "(B) is not qualified for reassignment, under procedures prescribed by the Director, to a vacant position in the Agency at the same grade or level and in which the participant would be able to render useful and efficient service.

  • (3) TIME LIMIT FOR APPLICATION. —

"(A) ONE YEAR REQUIREMENT. — A claim may be allowed under this section only if the application is submitted before the participant is separated m)m the Agency or within one year thereafter. "(B) WAIVER FOR MENTALLY INCOMPETENT PARTICI- PANT.—The time limitation may be waived by the Director for a participant who, at the date of separation from the