Page:United States Statutes at Large Volume 100 Part 1.djvu/596

 100 STAT. 560

PUBLIC LAW 99-335—JUNE 6, 1986

"(iiXD In computing an amount under section 8415 for a former employee or Member (described in subclause (ID) in order to compute the annuity for a widow or widower under this subsection, the computation under section 8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section 8412(h). "(II) This clause applies with respect to a former employee or Member who dies before having attained the applicable minimum retirement age under section 8412(h). "(B)(i) Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences— "(I) on the day after the date on which the former employee or Member would have attained age 62; or "(II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member, "(ii) The present value of the annuity of a widow or widower who chooses the earlier commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the widow or widower, determined as if the commencement date under clause (i)(1) were applicable. "(3)(A) Paragraphs (1) and (2) shall apply only in the case of an employee or Member who completes at least 10 years of service. "(B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a lump-sum credit in the case of the widow or widower of a former employee or Member who dies after completing less than 10 years of service. "(d)(1) The annuity of a widow or widower under this section commences on the day after the death of the individual on whose service such annuity is based. This annuity and the right thereto terminate on the last day of the month before the widow or widower— "(A) dies; or "(B) remarries before becoming 55 years of age. "(2) In the case of a widow or widower whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if— "(A) the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section 8424 or under another retirement system for Government employees) by reason of the remarriage; and "(B) any lump sum paid on termination of the annuity is returned to the Fund. "(e) The requirement in paragraphs (I)(A) and (2)(A) of section 8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if— "(1) the death of the individual was accidental; or "(2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months.

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