Page:United States Statutes at Large Volume 106 Part 4.djvu/510

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106 STAT. 3246 PUBLIC LAW 102-496—OCT. 24, 1992 "(ii) a pro rata share of 50 percent, if the qualified former spouse was not married to the employee throughout such creditable service. "(2) ANNUITY SUPPLEMENT. — The benefits payable to an employee under subchapter II of chapter 84 of title 5, United States Code, shall include, for purposes of this subsection, any annuity supplement payable to such employee under sections 8421 and 8421a of such title. "(3) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55. — A qualified former spouse shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age. "(4) COMMENCEMENT AND TERMINATION. —

    • (A) COMMENCEMENT.—The benefits of a qualified

former spouse under this subsection commence on the later of— "(i) the day on which the employee upon whose service the benefits are based becomes entitled to the benefits; or "(ii) the first day of the second month beginning aRer the date on which the Director receives written notice of the court order or spousal agreement, together Math such additional information or documentation as the Director may prescribe. "(B) TERMINATION.—The benefits of the qualified former spouse and the right thereto terminate on— "(i) the last day of the month before the qualified former spouse remarries before 55 years of age or dies; or "(ii) the date on which the retired employee's benefits terminate (except in the case of benents subject to paragraph (5)(B)). "(5) PAYMENTS TO RETIRED EMPLOYEES. —

    • (A) CALCULATION OF SURVIVOR ANNUITY. —Any reduction in payments to a retired employee as a result of

payments to a qualified former spouse under this subsection shall be disregarded in calculating— "(i) the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter 84 of title 5, United States Code, and "(ii) any reduction in the annuity of the retired employee to provide siuvivor benefits under subsection (d) of this section or under sections 8442 or 8445 of title 5, United States Code. "(B) REDUCTION IN BASIC PAY UPON RECALL TO SERV- ICE.—If a retired employee whose annuity is reduced under paragraph (1) is recalled to service under section 302(c), the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund. "(6) SPECIAL RULES FOR DISABILITY ANNUITANTS.— Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant—