Page:United States Statutes at Large Volume 101 Part 3.djvu/475

 PUBLIC LAW 100-238—JAN. 8, 1988

101 STAT. 1773

"(B) to notify each such former spouse of that individual's rights under this section. "(3) The Secretary shall waive the 6-month limitation set forth in paragraph (1) in any case in which the Secretary determines that the circumstances so warrant. "(c)(1) Any former spouse who remarries before age 55 is not eligible to make an election under subsection (b)(1). "(2) Any former spouse enrolled in a health benefits plan pursu- Regulations. ant to an election under subsection (b)(1) may continue the enrollment under the conditions of eligibility which the Director of the Office of Personnel Management shall by regulation prescribe, except that any former spouse who remarries before age 55 shall not be eligible for continued enrollment under this section after the end of the 31-day period beginning on the date of remarriage. "(d) No individual may be covered by a health benefits plan under this section during any period in which such individual is enrolled in a health benefits plan under any other authority, nor may any individual be covered under more than one enrollment under this section. "(e) For purposes of this section the term 'health benefits plan' means an approved health benefits plan under chapter 89 of title 5, United States Code.". (b) CONFORMING AMENDMENT.—The table of contents in section 2 of the Foreign Service Act of 1980 is amended by inserting after the item relating to section 830 the following: "Sec. 831. Retirement benefits for certain former spouses. "Sec. 832. Survivor benefits for certain former spouses. "Sec. 833. Health benefits for certain former spouses.". PART B—FOREIGN SERVICE RETIREMENT AND DISABILITY SYSTEM SEC. 211. DEFINITION OF SURVIVING SPOUSE.

Paragraph (13) of section 804 (22 U.S.C. 4044) is amended— (1) by striking out ", in the case of death in service or marriage after retirement,"; (2) by striking out "one year" and inserting in lieu thereof "9 months"; and (3) by inserting before the semicolon the following: ", except that the requirement for at least 9 months of marriage shall be deemed satisfied in any case in which the participant or annuitant dies within the applicable 9-month period, if— "(A) the death of such participant or annuitant was accidental; or "(B) the surviving spouse of such individual had been previously married to the individual and subsequently divorced and the aggregate time married is at least 9 months". SEC. 212. CONTRIBUTIONS FOR PRIOR SERVICE.

Paragraph (1) of section 805(d) (22 U.S.C. 4045(d)) is amended— (1) by striking out "equal to" and inserting in lieu thereof ". Special contributions for purposes of subparagraph (A) shall equal"; and (2) by adding at the end thereof the following: "Special contributions for refunds under subparagraph (B) shall equal the amount of the refund I'eceived by the participant.".

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