PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3227 "(1) IN GENERAL.—Whenever a former participant becomes entitled to receive payment of the lump-sum cre^t under subsection (a), such lump-sum credit shall be paid to the former participant and to any former spouse or former wife or husband of the formerparticipant in accordance with paragraphs (2) through (4). The former participant's lump-sum credit shall be reduced by the amount of the lump-sum credit payable to any former spouse or former wife or husband. "(2) PRO RATA SHARE FOR FORMER SPOUSE.— Unless otherwise expressly provided by any spousal agreement or court order under section 264(b), a former spouse of the former participant shall be entitled to receive a share of such participant's lump-sum credit— "(A) if married to the participant throughout the period of creditable service of the participant, equal to 50 percent of such lump-sum credit; or "(B) if not married to the participant throughout such creditable service, equal to a proportion of 50 percent of such lump-sum credit which is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant bears to the total number of days of such creditable service. "(3) SHARE FOR FORMER WIFE OR HUSBAND.—Payment of the former participant's lump-sum credit shall be subject to the terms of a court order under section 264(c) concerning any former wife or husband of the former participant if— "(A) the court order expressly relates to any portion of such lump-sum credit; and "(B) payment of the lump-sum credit would extinguish entitlement of such former wife or husband to a survivor annuity under section 226 or to any portion of the participant's annuity under section 264(c). (4) NOTIFICATION.—^A lump-sum credit may be paid to or for the benefit of a former participant— "(A) only upon written notification to (i) the current spouse, if any, (ii) any former spouse, and (iii) any former wife or husband who has a court order covered by paragraph (3); and "(B) only if the express written concurrence of the current spouse has been received by the Director. This paragraph may be waived under circumstances described in section 221(b)(l)(D).
- (c) ORDER OF PRECEDENCE OF PAYMENT. —A lump-sum benefit
that would have been payable to a participant, former participant, or annuitant, or to a survivor annmtant, authorized by subsection (d) or (e) of this section or by section 234(b) or 281(d) shall be paid in the following order of precedence to individuals surviving the participant and alive on the date entitlement to the payment arises, upon establishment of a valid claim therefor, and such payment bars recovery by any other individual: "(1) To the beneficiary or beneficiaries designated by such participant in a signed and witnessed writing received by the Director before the participant's death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed with the Director shall have no force or effect.
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