Page:United States Statutes at Large Volume 107 Part 3.djvu/92

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107 STAT. 2030 PUBLIC LAW 103-178—DEC. 3, 1993 (ii) DEFINITION OF TERMS. —For purposes of clause (i): (I) APPORTIONMENT. —The term "apportionment" means a portion of a retired participant's annuity payable to a former wife or husband either by the retired participant or the Government in accordance with the terms of a court order. (II) COURT ORDER. —The term "court order" means any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. (2) LIMITATIONS.—A former wife or husband is not entitled to an annuity under this subsection if— (A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; (B) the former wife or husband is less than 50 years of age; or (C) the former wife or husband meets the definition of "former spouse" that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before December 4, 1991. (3) COMMENCEMENT AND TERMINATION.— (A) RETIREMENT ANNUITIES.— The entitlement of a former wife or husband to an annuity under this subsection— (i) shall commence on the later of— (I) October 1, 1994; (II) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under such Act; or (III) such former wife's or husband's 50th birthday; and (ii) shall terminate on the earlier of— (I) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this sub- ^ section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or (II) the date on which the annuity of the participant terminates. (B) DISABILITY ANNUITIES. —Notwithstanding subparagraph (A)(i)(II), in the case of a former wife or husband of a disability annuitant^ (i) the annuity of the former wife or husband shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under the Central Intelligence Agency Retirement Act (other than a disability annuity) or the date the disability annuity begins, whichever is later; and (ii) the amount of the annuity of the former wife or husband shall be calculated on the basis of the