Page:United States Statutes at Large Volume 100 Part 4.djvu/212

 100 STAT. 3140

PUBLIC LAW 99-556—OCT. 27, 1986

SEC. 502. CREDITABILITY OF CERTAIN MILITARY SERVICE IN COMPUTING AN ANNUITY FOR THE SURVIVOR OF AN EMPLOYEE OR MEMBER WHO DIES IN SERVICE.

Regulations. n ! f. ^

(a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8332(c) of title 5, United States Code, is amended by adding at the end thereof the following: "(3)(A) Notwithstanding paragraph (2) of this subsection, for purposes of computing a survivor annuity for a survivor of an employee or Member— "(i) who was awarded retired pay based on any period of military service, and "(ii) whose death occurs before separation from the service, creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) of this subsection, as applicable. In carrying out this subparagraph, any amount deposited under section 8334(h) of this title shall be taken into account. "(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits— "(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services; "(ii) if, or to the extent that, such benefits are based on such period of military service. "(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which— "(i) a survivor may elect not to be covered by this paragraph; and "(ii) this paragraph shall be carried out in any case which involves a former spouse.". (b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 8411(c) of

title 5, United States Code, is amended by adding at the end thereof the following: "(4)(A) Notwithstanding paragraph (2), for purposes of computing a survivor annuity for a survivor of an employee or Member— "*"'•' "(i) who was awarded retired pay based on any period of military service, and "(ii) whose death occurs before separation from the service, creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) or under paragraph (3). In carrying out this subparagraph, any amount deposited under subsection (fK4) shall be taken into account. "(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits— "(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services; ^? "(ii) if, or to the extent that, such benefits are based on such period of military service. Regulations. "(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—

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