Page:United States Statutes at Large Volume 101 Part 1.djvu/1043

 PUBLIC LAW 100-178—DEC. 2, 1987

101 STAT. 1013

"(3) Benefits under this section shall be treated the same as an annuity under section 222(a)(6) for purposes of section 221(g)(2) or any comparable provision of law. "(4)(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, within thirty months after the effective date of this section. The Director may waive the thirty-month application requirement under this subparagraph in any case in which the Director determines that the circumstances so warrant. "(B) Upon approval of an application as provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with,, respect to any period before the effective date of this section. "(d) The Director shall— "(1) as soon as possible, but not later than sixty days after the Regulations. effective date of this section, issue such regulations as may be necessary to carry out this section; and "(2) to the maximum extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or a former participant on November 15, 1982, of any rights which such individual may have under this section. "(e) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this title.". (b) Section 14(a) of the Central Intelligence Agency Act of 1949 is 50 USC 403n. amended by inserting "225," after "223, 224,". DEATH IN SERVICE BENEFITS
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SEC. 402. (a) Section 232(b) of the Central Intelligence Agency 50 USC 403 note. Retirement Act of 1964 for Certain Employees (50 U.S.C. 40(b) note) is amended— (1) by inserting "(1)" before "If a participant"; (2) by striking all that follows "as defined in section 204," and inserting in lieu thereof "or by a former spouse qualifying for a ^,. ^. survivor annuity under section 222(b), such widow or widower shall be entitled, to the extent of available appropriations, to an annuity equal to 55 per centum of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and section 221(a), and any such surviving former spouse shall be entitled, to the extent of available appropriations, to an annuity computed in accordance with section 222(b) and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this Act. The annuity of such widow, widower, or former spouse shall commence on the date following death of the participant and shall terminate upon death or remarriage prior to attaining age sixty of the widow, widower, or former spouse (subject to the payment and restoration provisions of sections 221(g) and 222(b)(3))."; and (3) by adding at the end the following new paragraphs: "(2) The annuity payable under paragraph (1) shall be computed in accordance with section 221(a), except that the computation of the annuity of the participant under such section shall be at least the smaller of (A) 40 per centum of the

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