Page:United States Statutes at Large Volume 105 Part 2.djvu/311

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PUBLIC LAW 102-183—DEC. 4, 1991 105 STAT. 1263 (B) by striking out "section 221(c)(l)" and inserting in lieu thereof "subsections (c)(1) and (c)(3) of section 221"; and (C) by striking out the last sentence. (2) Subsection (d) of such section is amended— ^»^' P- 1262. (A) by striking out "wife or husband, but by a child or children, each" and inserting in lieu thereof "spouse or a former spouse who is the natural or adoptive parent of a surviving child of the participant, that"; (B) by striking out "section 221(c)(2)" and inserting in lieu thereof "subsections (c)(2) and (c)(3) of section 221"; and (C) by striking out the last sentence. (3) Such section is further amended by adding at the end the following new subsection: "(e) For purposes of subsections (c) and (d), the term 'former spouse' includes any former wife or husband of the participant, regardless of the length of marriage or the amount of creditable service completed by the participant.". (c) CONFORMING CROSS-REFERENCE AMENDMENTS.— (1) Sections 204(b)(3), 232(c), and 232(d) are amended by striking out "section 50 USC 403 note. 221(e)" and inserting in lieu thereof "section 221(d)". (d) EFFECTIVE DATE. —The amendments made Isy this section shall 50 USC 403 note, take effect on the first day of the fourth month beginning after the date of the enactment of this Act and shall apply with respect to annuities payable to children by reason of the death of a participant or annuitant on or after that date. SEC. 303.18-MONTH PERIOD TO ELECT A SURVIVOR ANNUITY. (a) ESTABLISHMENT OF PERIOD AFTER RETIREMENT TO MAKE ELEC- TION. —Section 221 is amended— 50 USC 403 note. (1) by redesignating the second subsection (p) as subsection (r); and • , • '- ••'•'-'• (2) by inserting before that subsection the following new subsection: "(q)(l)(A) A participant or former participant— "(i) who, at the time of retirement, is married, and "(ii) who elects at that time (in accordance with subsection (b)) to waive a survivor annuity for the spouse, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a reduction under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may designate) in order to provide a survivor annuity for that spouse of the participant. "(B) A participant or former participant— "(i) who, at the time of retirement, is married, and "(ii) who, at that time designates (in accordance with subsection (Jb)) that a portion of the annuity of such participant is to be used as the base for a survivor annuity, may, during the 18-month period beginning on the date of the retirement of such participant, elect to have a greater portion of the annuity of such participant so used. "(2)(A) An election under subparagraph (A) or (B) of paragraph (1) shall not be considered effective unless the amount specified in subparagraph (B) is deposited into the fund before the expiration of the applicable 18-month period under paragraph (1). "(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of—