Page:United States Statutes at Large Volume 100 Part 1.djvu/671

 PUBLIC LAW 99-336—JUNE 19, 1986

100 STAT. 635

election under section 376(b) of title 28, United States Code, may make such election only if such judicial official redeposits, to the credit of the Judicial Survivors' Annuities Fund, the full amount of the lump-sum payment made to such judicial official under paragraph (1) of this subsection, together with interest at 3 percent per annum, compounded on December 31 of each year from the date of such revocation until the date upon which that amount is so redeposited. (3) Any judicial official who fails to revoke an election in accordance with paragraph (1) of this subsection shall be deemed to have irrevocably waived the right to make that revocation. (d) ANNUITIES FOR FORMER SPOUSES.—

(1) Section 376 of title 28, United States Code, is amended in subsection (a)— (A) by striking out the period at the end of paragraph (5) and inserting in lieu thereof "; and"; and (B) by adding at the end the following new paragraph: "(6) 'former spouse' means a former spouse of a judicial official if the former spouse was married to such judicial official for at least 9 months.". (2) Section 376 of title 28, United States Code, is amended by adding at the end the following new subsections: "(s) A judicial official who has a former spouse may elect, under procedures prescribed by the Director of the Administrative Office of the United States Courts, to provide a survivor annuity for such former spouse under subsection (t). An election under this subsection shall be made at the time of retirement, or, if later, within 2 years after the date on which the marriage of the former spouse to the judicial official is dissolved. An election under this subsection— "(1) shall not be effective to the extent that it— "(A) conflicts with— "(i) any court order or decree referred to in subsection (t)(l), which was issued before the date of such election, or "(ii) any agreement referred to in such subsection Contracts. which was entered into before such date; or "(B) would cause the total of survivor annuities payable under subsections (h) and (t) based on the service of the judicial official to exceed 55 percent of the average annual salary (as such term is used in subsection (1)) of such official; and "(2) shall not be effective, in the case of a judicial official who is then married, unless it is made with the spouse's written consent. The Director of the Administrative Office of the United States Regulations. Courts shall provide by regulation that paragraph (2) of this subsection may be waived if the judicial official establishes to the satisfaction of the Director that the spouse's whereabouts cannot be determined, or that, due to exceptional circumstances, requiring the judicial official to seek the spouse's consent would otherwise be inappropriate. "(t)(l) Subject to paragraphs (2) through (4) of this subsection, a former spouse of a deceased judicial official is entitled to a survivor annuity under this section if and to the extent expressly provided for in an election under subsection (s), 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.

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