Page:United States Statutes at Large Volume 100 Part 1.djvu/585

 PUBLIC LAW 9 9 - 3 3 5 ~ J U N E 6, 1986

100 STAT. 549

"(A) the decree, order, or agreement expressly relates to any portion of the balance in the employee's or Member's (or former employee's or Member's) account; and "(B) notice of the decree, order, or agreement was received by the Executive Director before— "(i) the date on which payment is made, or "(ii) in the case of an annuity, the date on which the annuity commences, in accordance with the election, change, modification, or contribution referred to in paragraph (1). "(3) The Executive Director shall prescribe regulations under Regulations. which this subsection shall be applied in any case in which the Executive Director receives two or more decrees, orders, or agreements referred to in paragraph (1). "(e)(1) Subject to paragraphs (2) through (7), a former spouse of a deceased employee or Member (or a deceased former employee or Member) who died after performing 18 or more months of service and a former spouse of a deceased former employee or Member who died entitled to an immediate or deferred annuity under subchapter II of this chapter is entitled to a survivor annuity under this subsection if and to the extent that— "(A) an election under section 8434(a)(2)(E) of this title, or "(B) any court decree, order, or agreement (described in subsection (d)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased individual and such former spouse, expressly provides for such survivor annuity. "(2) Paragraph (1) shall apply only to payments made by the Executive Director after the date on which the Executive Director receives written notice of the election, decree, order, or agreement, and such additional information and documentation as the Executive Director may require. "(3) The amount of the survivor annuity payable from the Thrift Savings Fund to a former spouse of a deceased employee. Member, former employee, or former Member under this section may not exceed the excess, if any, of— "(A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (c)(1), over "(B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee. Member, former employee, or former Member based on the order of precedence provided in paragraph (4). "(4) If more than one former spouse of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to section 8434(a)(2)(E) of this title and the dates on which the court decrees, orders, or agreements applicable to the entitlement were issued, as the case may be. "(5) Subsections (c) and (d) of section 8445 of this title shall apply to an entitlement of a former spouse to a survivor annuity under this subsection.

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