Page:United States Statutes at Large Volume 100 Part 1.djvu/60

 100 STAT. 24

5 USC 8341.

PUBLIC LAW 99-251—FEB. 27, 1986 "(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse who is entitled to a survivor annuity under section 8341(h) of this title, (ii) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not jointly waived under paragraph (1) of this subsection, or (iii) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subparagraph (C) of this paragraph or subsection (k)(2) of this section.". (c) ELECTIONS RELATING TO A SURVIVOR ANNUITY FOR A PERSON WHO HAS AN INSURABLE INTEREST IN AN ANNUITANT.—(1) Section

5 USC 8339.

8339(j)(5)(C) of title 5, United States Code, is amended by adding at the end thereof the following: "(v) An election to provide a survivor annuity to a person under this subparagraph— "(I) shall prospectively void any election made by the employee or Member under subsection (k)(l) of this section with respect to such person; or "(II) shall, if an election was made by the employee or Member under such subsection (k)(l) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph. "(vi) The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if— "(I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(l) of this section; and "(II) the election under such subsection (k)(l) becomes void under clause (v) of this subparagraph,". (2) Section 8339(k)(l) of such title is amended by adding at the end thereof the following: "In the case of a married employee or Member, an election under this paragraph on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with subsection (j)(l) of this section.". (3) Paragraph (2) of section 8339(k) of such title is amended— (A) by striking out subparagraph (B)(i) and inserting in lieu thereof the following: "(B)(i) The election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage. Any such election to provide a survivor annuity for a person— "(I) shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person; or "(II) shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph.";

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