Page:United States Statutes at Large Volume 100 Part 1.djvu/566

 100 STAT. 530

PUBLIC LAW 99-335—JUNE 6, 1986

"(ii) the costs associated with providing for the election under this subsection. The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year. "(3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee's or Member's retirement. "(4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement. "(5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election. 5 USC 8417.

Regulations. 5 USC 8418.

"§ 8417. Survivor reduction for a former spouse "(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made. "(b)(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445. "(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved. "(3) An election under this subsection— "(A) shall not be effective to the extent that it— "(i) conflicts with— "(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or "(II) any agreement referred to in such section 8445(a) which was entered into before such date; or "(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and "(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent. The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2). "§ 8418. Survivor elections; deposit; offsets "(a)(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund, before the expiration of the 2-year period involved, an amount determined by the Office (as nearly as may be administra-

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