Page:United States Statutes at Large Volume 100 Part 1.djvu/59

 PUBLIC LAW 99-251—FEB. 27, 1986

100 STAT. 23

"(1) who is entitled to a survivor annuity under subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section, "(2) as to whom a court order or decree referred to in section 8345(j) of title 5, United States Code (or similar provision of law under a retirement system for Government employees other than the Civil Service Retirement S3^stem) has been issued before May 7, 1985, or "(3) who is entitled (other than as described in paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system for (jrovernment employees as of May 7, 1985, shall be considered to have satisfied section 8901(10XC) of title 5, United States Oxle, as amended by this Act.". (2) The second sentence of such section 4(f) is amended— 5 USC 8341 note. (A) by inserting ", within 12 months after the date of the enactment of the Federal Employees Benefits Improvement Act of 1985," before "enroll"; and (B) by inserting before the period at the end the following: "(other than the conditions prescribed in subparagraphs (A) and (B) of paragraph (1) of such section 8905(c))". (d) ADDITIONAL ELECTION.—(1) Notwithstanding the time limita- 5 USC 8341 note. tion prescribed in subparagraph (A) of section 4(b)(l) of the Civil Service Retirement Spouse Equity Act of 1984, an election may be made under such subparagraph before the expiration of the 12month period b ^ i n n i n g on the date on which the r^ulations under paragraph (3) of this subsection first take effect. (2) Any retired employee or Member who has made an election under section 4(b)(l)(A) of the Civil Service Retirement Spouse Equity Act of 1984 (as in effect at the time of such election) before the regulations under p a r s ^ a p h (3) of this subsection become effective may modify such election by designating, in writing, that only a portion of such employee or Member's annuity is to be used as the base for the survivor annuity for the former spouse for whom the election was made. A modification under this subparagraph shall be subject to the deadline under paragraph (1) of this subsection. (3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall be made in the case of a modification under paragraph (2) of this subsection. SEC. 202. CREDIT FOR MILITARY SERVICE.

Section 83320'Xl) of title 5, United States Code, is amended by striking out "widow" each place it appears and inserting in lieu thereof "spouse, former spouse". SEC. 203. ANNUITY REDUCTIONS. (a) IRREVOCABILITY OF A JOINT SPOUSAL WAIVER.—Section 83390X3)

of title 5, United States (Dode, is amended by inserting ", unless all rights to survivor benefits for such former spouse under this subchapter based on marriage to such employee or Member were waived under paragraph (1) of this subsection" before the period at the end of the first sentence. (b)

REPLACEMENT

OF

TERMINATED

REDUCTION.—Section

8339(j)(5)(B) of title 5, United States Ckxie, is amended to read as follows:

�