Page:United States Statutes at Large Volume 106 Part 4.djvu/512

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106 STAT. 3248 PUBLIC LAW 102-496—OCT. 24, 1992 "(ii) a pro rata share of 100 percent, if the qualified former spoiise was not married to the employee throughout such creditable service. "(2) SURVIVOR BENEFITS. — "(A) The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under section 8442(b)(l)(A) of title 5, United States Code, and any supplementary annuity under section 8442(f) of such title that would be payable if such former spouse were a widow or widower entitled to an annuity under such section. "(B) Any calculation under section 8442(f) of title 5, United States Code, of the supplementary annuity payable to a widow or widower of an employee referred to m section 302(a) shall be based on an 'assumed CIARDS annuity* rather than an 'assumed CSRS annuity* as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term 'assumed CIARDS annuity* means the amount of the survivor annuity to which the widow or widower would be entitled under title II of this Act based on the service of the deceased annuitant determined under section 8442(0(5) 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 commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age. " (4) RESTORATION.— If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if— "(A) such former spouse elects to receive this survivor annuity instead of any other survivor benefit to which such former spouse may be entitled under subchapter IV of chapter 84 of title 5, United States Code, or under another retirement system for (rovernment employees by reason of the remarriage; and "(B) any limip sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund. "(5) MODIFICATION OF COURT ORDER OR SPOUSAL AGREE- MENT.— ^A modification in a court order or spousal agreement to adjust a qualified former spouse's share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first. "(6) EFFECT OF TERMINATION OF QUALIFIED FORMER SPOUSE'S ENTITLEMENT.—After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee's annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former spouse's remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such