Page:United States Statutes at Large Volume 100 Part 1.djvu/584

 100 STAT. 548

PUBLIC LAW 99-335—JUNE 6, 1986

"(B) that, due to exceptional circumstances, requiring the spouse's waiver would otherwise be inappropriate. "(b)(1) Except as provided in paragraph (2), a transfer may be made by an employee or Member (or former employee or Member) under section 8433(d) of this title only after the Executive Director notifies any current spouse and each former spouse of the employee or Member (or former employee or Member), if any, that the transfer is to be made. "(2) Paragraph (1) may be waived with respect to a spouse or former spouse if the employee or Member (or former employee or Member) establishes to the satisfaction of the Executive Director that the whereabouts of such spouse or former spouse cannot be determined. "(c)(1) Notwithstanding any election under subsection (b) of section 8434 of this title, the method described in subsection (a)(2)(B) of such section (or, if more than one form of such method is available, the form which the Board determines to be the one which provides for a surviving spouse a survivor annuity most closely approximating the annuity of a surviving spouse under section 8442 of this title) shall be deemed the applicable method under such subsection (b) in the case of an employee. Member, former employee, or former Member who is married on the date on which the employee's. Member's, former employee's, or former Member's annuity commences under this subchapter. "(2) Paragraph (1) shall not apply— "(A) in the case of an employee or Member retiring under section 8412, 8413, 8414, or 8451 of this title if— "(i) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or "(ii) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described in subsection (a)(2)(A) or (a)(2)(B) make the requirement of a joint waiver inappropriate; or "(B) in the case of an employee or Member not covered by subparagraph (A), if the employee or Member waives such method after— "(i) having provided notification to the spouse of intent to waive; or "(ii) establishing to the satisfaction of the Executive Director that the whereabouts of such spouse cannot be determined. "(d)(1) An election, change of election, or modification of the commencement date of a deferred annuity shall not be effective under this subchapter and a transfer may not be made under section 8433(d) of this title to the extent that the election, change, modification, or transfer conflicts with any court decree, order, or agreement described in paragraph (2). "(2) A court decree, order, or agreement referred to in paragraph (1) is, with respect to an employee or Member (or former employee or Member), a court decree of divorce, annulment, or legal separation issued in the case of such employee or Member (or former employee or Member) and any former spouse of the employee or Member (or former employee or Member) or any court order or court-approved property settlement agreement incident to such decree if—

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