Page:United States Statutes at Large Volume 100 Part 1.djvu/672

 100 STAT. 636

PUBLIC LAW 99-336—JUNE 19, 1986

"(2) The annuity payable to a former spouse under this subsection may not exceed the difference between— "(A) the maximum amount that would be payable as an annuity to a widow or widower under subsection (1), determined without taking into account any reduction of such annuity caused by payment of an annuity to a former spouse; and to any other former spouse of the judicial official, based on an election previously made under subsection (s), or a court order previously issued. "(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity— "(A) shall not commence before— "(i) the day after the judicial official dies, or "(ii) the first day of the second month beginning after the date on which the Director of the Administrative Office of the United States Courts receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Director may prescribe, whichever is later, and "(B) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies. "(4) For purposes of this section, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective— "(A) if such modification is made after the retirement of the judicial official concerned, and "(B) to the extent that such modification involves an annuity under this subsection.". (3)(A) Subsection (1) of section 376 of title 28, United States Code (as amended by subsection (a)(4)(C) of this section), is amended by striking out the period at the end of the last sentence and by adding at the end the following: ", and by the amount of any annuity payable to a former spouse under subsection (t).". (B) Subsection (n) of section 376 of such title is amended in the last sentence by inserting after "equity," the following: "except as provided in subsections (s) and (t),"(C) Subsection (o) of section 376 of such title is amended in paragraphs (2) and (3) by inserting "or (t)" after "subsection (h)" each place it appears. 28 USC 376 note. (4) Payments of retirement salary as defined in section 376(a)(2) of title 28, United States Code, which would otherwise be made to the judicial official upon whose service the retirement salary is based, shall be paid (in whole or in part) to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation. Any payment under this paragraph to a person bars recovery by any other person. This paragraph shall apply only to payments made after the date of receipt by the Director of the Administrative Office of
 * '(B) the amount of any annuity payable under this subsection

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