Page:United States Statutes at Large Volume 100 Part 4.djvu/265

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-569—OCT. 27, 1986

100 STAT. 3193

"SURVIVOR BENEFITS FOR CERTAIN OTHER FORMER SPOUSES

"SEC. 224. (a)(1) Any individual who was a former spouse of a 50 USC 403 note, participant or former participant on November 15, 1982, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 per centum of the greater of— "(A) the full amount of the participant's or former participant's annuity, as computed under section 221(a); or "(B) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. "(2) A survivor annuity payable under this section shall be re*• duced by an amount equal to the amount of retirement benefits, not including benefits under title II of the Social Security Act, received 42 USC 40i. by the former spouse which are attributable to previous employment of such former spouse by the United States. "(b) A former spouse shall not be entitled to a survivor annuity under this section if— "(1) an election has been made with respect to such former spouse under section 223; "(2) the former spouse remarries before age fifty-five; or "(3) the former spouse is less than fifty years of age. "(c)(1) The entitlement of a former spouse to a survivor annuity under this section— "(A) shall commence— ,

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"(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on the later of— "(I) the sixtieth day after such date; or ^j., "(II) the date such former spouse reaches age fifty; and "(ii) in the case of any other former spouse, beginning on the lastest of— .^^, "(I) the date that the participant or former partici^ pant to whom the former spouse was married dies; "(II) the sixtieth day after the effective date of this section; or ' "(III) the date such former spouse reaches age fifty; and "(B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age fiftyfive. "(2)(A) 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, within thirty months after the effective date of this section. "(B) Upon approval of an application provided under subparagraph (A), 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 r " under this section with respect to any period before the effective ' date of this section. "(d) The Director shall—