Page:United States Statutes at Large Volume 98 Part 3.djvu/833

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3205

after the date of enactment of this Act and shall apply to any individual who, on or after such effective date, is married to an employee or annuitant. (b)(1) Notwithstanding subsection (a)(1) of this section, a former spouse of an employee or Member who retired before the one hundred and eightieth day after the date of enactment of this Act is entitled to a survivor annuity under section 8341(b) of title 5, United States Code, as amended by this Act, if— (A) the retired employee or Member elects, in writing, within eighteen months after the date of enactment of this Act, according to procedures prescribed by the Office of Personnel Management, to have the annuity of such employee or Member reduced under section 8339(j) of title 5, United States Code, as amended by this Act, and, except as provided in paragraph (3) of this subsection, to deposit in the Civil Service Retirement and Disability Fund an amount determined by the Office, as nearlj,^ as may be administratively feasible, to reflect the amount by which such employee or Member's annuity would have been reduced had the reduction been in effect since such employee or Member's annuity commenced, plus interest computed at the annual rate of six percent for each year during which the annuity would have been reduced if the election had been In effect on and after the date the annuity commenced; or (B) where the retired employee or Member dies or died on or before the one hundred and eightieth day after the date of enactment of this Act or does not make the election described in subparagraph (A)— (i) the former spouse's marriage to the employee or Member was dissolved after September 14, 1978; (ii) the former spouse was married to the employee or Member for at least ten years during periods of creditable service under section 8332 of title 5, United States Code; (iii) the former spouse is not entitled to any other retirement or survivor annuity (other than benefits under title II of the Social Security Act or under section 8345(j) of title 5, United States Code, as amended by this Act) based on any previous employment of the former spouse or of the employee or Member; (iv) the former spouse has not remarried before age fiftyfive after September 14, 1978; (v) the former spouse files an application for the survivor annuity with the Office within thirty months after the date of enactment of this Act; and (vi) the former spouse is at least fifty years of age at the time of filing such application. A survivor annuity under subparagraph (B) shall commence on the day after the employee or Member dies or the first day of the second month after the former spouse's application is received by the Office, whichever occurs later. (2) Except as provided in paragraph (3), if a retired employee or Member who makes an election under subparagraph (A) of paragraph (1) does not make the deposit required by such subparagraph, the Office shall collect the amount of the deposit by offset against the employee or Member's annuity, up to a maximum of 25 per centum of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.

31-194

0 - 8 6 - 2 7

QL.3

Part3

Ante, p. 3199.

Ante, p. 3195.

42 USC 201. ^"^^' P- ^202.