Page:United States Statutes at Large Volume 100 Part 1.djvu/600

 100 STAT. 564

5 USC 8445.

Contracts.

PUBLIC LAW 99-335—JUNE 6, 1986

Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. "§ 8445. Rights of a former spouse "(a) Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. "(b)(1) The annuity payable to a former spouse under this section may not exceed the difference between— "(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and "(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a). "(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member. "(c) The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— "(1) shall not commence before— "(A) the day after the employee. Member, or annuitant, or former employee or Member, dies; or "(B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe; whichever is later; and "(2) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies. "(d) For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective— "(1) if such modification is made after the retirement or death of the employee. Member, or annuitant, or former employee or Member, concerned; and "(2) to the extent that such modification involves an annuity under this section. "(e) For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the

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