Page:United States Statutes at Large Volume 100 Part 1.djvu/636

 100 STAT. 600

Ante, p. 591.

Ante, pp. 589, 591-593.

PUBLIC LAW 99-335—JUNE 6, 1986

in subsection (a)(l)(B), and if such individual has not since become subject to such subchapter pursuant to notification under section 8331(2) of such title, elect to become subject to chapter 84 of such title. (ii) An individual who makes an election under this subparagraph ceases to be eligible to become subject to subchapter III of chapter 83 of title 5, United States Code, pursuant to notification under section 8331(2) of such title. (B) Except as provided in subparagraph (A)(ii), nothing in this paragraph shall preclude an individual from becoming subject to subchapter III of chapter 83 of title 5, United States Code, pursuant to notification under section 8331(2) of such title. However, an individual who becomes subject to such subchapter pursuant to notification under such section 8331(2) after December 31, 1986, shall become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter. (c) EFFECTIVE DATE; IRREVOCABILITY.—An election made under this section— (1) shall take effect beginning with the first pay period beginning after the date of the election; and (2) shall be irrevocable. (d) CONDITION FOR MAKING AN ELECTION; EXTENSION TO SATISFY

Ante, p. 517.

CONDITION.—(1) An election under this section to become subject to chapter 84 of title 5, United States Code, shall not be considered effective in the case of an individual having one or more former spouses, unless the election is made with the written consent of such former spouse (or each such former spouse, if there is more than one). (2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under section 8341(h) or 8345(j) of title 5, United States Code, under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office of Personnel Management has been duly notified. (B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55. (3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)— (A) that the former spouse's whereabouts cannot be determined; or (B) that, due to exceptional circumstances, requiring the individual to seek the former spouse's consent would otherwise be inappropriate. (4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual— (i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and (ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of

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