Page:United States Statutes at Large Volume 100 Part 1.djvu/57

 PUBLIC LAW 99-251—FEB. 27, 1986 "(A) in the case of a remarriage occurring on or after the date of the enactment of this Act; and "(B) with respect to periods beginning on or after such date. "(4)(A) Except as provided in subparagraph (B), the amendment made by section 2(3)(A) of this Act (but only to the extent that it amends title 5, United States Code, by adding a new section 83390')(5)(C)) and the amendment made by section 2(3)(C) of this Act (which relate to the election of a survivor annuity for a spouse in the case of a post-retirement marriage or remarriage) shall apply— "(i) to an employee or Member who retires before, on, or after May 7, 1985; and "(ii) in the case of a marriage occurring on or after May 7, 1985. "(B) The amendments referred to in subparagraph (A) shall not apply in the case of a marriage of an employee or Member retiring before May 7, 1985, if the marriage occurred after May 6, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1985. "(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual's spouse by a marriage described in such subparagraph shall be effective if made in accordance with the applicable provisions of section 83390)(1) or 8339(k)(2) of title 5, United States Code, as the case may be, as in effect on May 6, 1985. "(5)(A) Paragraphs (2), (3), (4), and (5)(B) of section 83390") of title 5, United States Code (as added by section 2(3)(A) of this Act), shall apply in the case of a former spouse of an employee or Member whose marriage to such employee or Member terminated before May 7, 1985, if such employee or Member retires on or after such date. "(B)(i) The requirement described in clause (ii) shall not apply to an election made by an employee or Member under section 83390)(3) of title 5, United States Code (EIS amended by section 2(3)(A) of this Act), in order to provide a survivor annuity under section 8341(h) of such title (EIS amended by section 2(4)(G) of this Act) in the case of a former spouse referred to in subparagraph (A) if the election meets the requirements of clause (iii). "(ii) The requirement referred to in clause (i) is the requirement prescribed in section 8339(j)(3) of title 5, United States Code, for an employee or Member to make an election in the case of a former spouse under such section 8339(j)(3) at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved. "(iii) Clause (i) applies to an election which is made by an employee or Member who retires on or after May 7, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1985, and is received by the Office of Personnel Management within the 2-year period beginning on the date of the enactment of such Act. "(C) A survivor annuity shall be paid a former spouse as provided in section 8341(h) of title 5, United States Code (as amended by section 2(4)(G) of this Act), pursuant to an election made in the case of such former spouse under this paragraph. "(D) The amendments made by paragraphs (6) and (7) of section 2 of this Act shall apply in the case of survivor annuities and elections authorized by this paragraph.

100 STAT. 21

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