Page:United States Statutes at Large Volume 100 Part 1.djvu/657

 PUBLIC LAW 99-335—JUNE 6, 1986

100 STAT. 621

former spouse is entitled to a share, determined under subsection (b)(2), of all survivor benefits that would otherwise be payable under this subchapter to an eligible surviving spouse of the participant. "(2) The share referred to in subsection (b)(1) equals— "(A) 100 percent if such former spouse was married to the participant throughout the entire period of service of the participant which is creditable under this chapter; or "(B) a pro rata share of 100 percent if such former spouse was not married to the participant throughout such creditable service. "(c) A participant or former participant may not make any election or modification of election under section 8417, 8418, or 8433 of title 5, United States Code, or other section relating to the participant's account in the Thrift Savings Plan or annuity under the basic plan that would diminish the entitlement of a former spouse to any benefit granted to the former spouse by this section or in a current spousal agreement. "(d) If a member becomes a participant under this subchapter after qualifying for benefits under subchapter I and, at the time of transfer, has a former spouse entitled to benefits under subchapter I which are determined under section 814 or 815 (as determined by 22 USC 4054, the Secretary of State) and are similar in amount to a pro rata share ^055. division under section 814 or 815 and the service of the member as a participant under this subchapter is not recognized in determining that pro rata share, then subsections (a) and (b) of this section shall not apply to such former spouse. Otherwise, subsections (a) and (b) of this section shall apply. "(e) If a participant dies after completing at least 18 months of service or a former participant dies entitled to a deferred annuity, but before becoming eligible to receive the annuity, and such participant or former participant has left with the Secretary of State a spousal agreement promising a share of a survivor annuity under subchapter IV, chapter 84, title 5, United States Code, to a former spouse, such survivor annuity shall be paid under the terms of this subchapter as if the survivor annuity had been ordered by a court. "SEC. 862. SPOUSAL AGREEMENTS.—A spousal agreement is any 22 USC 407ik. written agreement (properly authenticated as determined by the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement shall be consistent with the terms of this Act and applicable regulations and, if executed at the time a participant or former participant is currently married, shall be approved by such current spouse. It may be used to fix the level of benefits payable under this subchapter to a spouse or former spouse.". SEC. 416. TABLE OF CONTENTS.

The table of contents in section 2 of such Act is amended— (1) by striking out the item relating to chapter 8 and inserting in lieu thereof the following: "CHAPTER 8—FOREIGN SERVICE RETIREMENT AND DISABILITY "SUBCHAPTER I—FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM";

and (2) by inserting after the item relating to section 827 the following: "Sec. 828. Remarriage.

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