Page:United States Statutes at Large Volume 101 Part 3.djvu/477

 PUBLIC LAW 100-238—JAN. 8, 1988

101 STAT. 1775

SEC. 217. FORMER SPOUSES.

(a) 5 YEAR FOREIGN SERVICE REQUIREMENT.—Paragraph (1) of 22 USC 4054. section 814(a) is amended by inserting "if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this chapter with at least 5 of such years occurring while the participant was a member of the Foreign Service and' after "annuity". (b) COURT ORDER EFFECTIVE 24

MONTHS AFTER MARRIAGE IS

DISSOLVED.—Paragraph (4) of section 814(a) (22 U.S.C. 4054(a)) is amended by striking out "12" and inserting in lieu thereof "24". (c) MONTHLY RATE OF ANNUITY NOT APPLICABLE IN CERTAIN SITUATION.—

(1) Subsection (1) of section 806 (22 U.S.C. 4046) is repealed. (2) Subsection (d) of section 814 (22 U.S.C. 4054) is repealed. SEC. 218. LUMP SUM PAYMENTS.

(a) REQUIREMENTS FOR PAYMENT.—Subsection (a) of section 815 (22

U.S.C. 4055) is amended to read as follows: "(a)(1) A participant is entitled to be paid a lump-sum credit if the participant— "(A) is separated from the Service for at least 31 consecutive days, or is transferred to a position in which the participant is not subject to this chapter and remains in such a position for at least 31 consecutive days; "(B) files an application with the Secretary of State for payment of the lump-sum credit; "(C) is not reemployed in a position in which the participant is subject to this chapter at the time the participant files the application; "(D) will not become eligible to receive an annuity under this subchapter within 31 days after filing the application; and "(E) has notified any spouse or former spouse the participant may have of the application for payment in accordance with regulations prescribed by the Secretary of State. Such regulations may provide for waiver of subparagraph (E) under circumstances described in section 806(b)(l)D). "(2) Such lump-sum credit shall be paid to the participant and to any former spouse of the participant in accordance with subsection (i).". SEC. 219. COST OF LIVING ADJUSTMENTS.

Paragraph (1) of section 826(c) (22 U.S.C. 4066(c)) is amended to read as follows: "(1) The first increase (if any) made under this section to an annuity which is payable from the Fund to a participant or to the surviving spouse or former spouse of a deceased participant who died in service or a deceased annuitant whose annuity was not increased under this section, shall be equal to the product (adjusted to the nearest Vio of 1 percent) of^ "(A) Vi2 of the applicable percent change computed under subsection (b) of this section, multiplied by "(B) the number of months (counting any portion of a month as a month)— "(i) for which the annuity was payable from the Fund before the effective date of the increase, or "(ii) in the case of a surviving spouse or former spouse of a deceased annuitant whose annuity has not

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