Page:United States Statutes at Large Volume 103 Part 2.djvu/572

 103 STAT. 1582 PUBLIC LAW 101-189—NOV. 29, 1989 to have made an election to provide a supplemental annuity for a spouse or former spouse of such person. "(b) LIMITATION ON ELIGIBILITY FOR CERTAIN SBP PARTICIPANTS NOT AFFECTED BY TWO-TIER ANNUITY COMPUTATION. —A person is not eligible to make an election under this section if (as determined by the Secretary concerned) the annuity of a spouse or former spouse beneficiary of that person under the Survivor Benefit Plan will be computed under section 1451(e) of this title. However, such a person may waive the right to have that annuity computed under section 1451(e) of this title. Any such election is irrevocable. A person making such a waiver may make an election under this section as in the case of any other participant in the Survivor Benefit Plan. "(c) ELECTION OF SUPPLEMENTAL SPOUSE ANNUITY BEFORE BECOM- ING A PARTICIPANT IN SBP.— "(1) IN GENERAL. — A person anticipating becoming a partici- pant in the Survivor Benefit Plan who has a spouse or former spouse may elect to provide a supplemental spouse annuity under this subchapter for that spouse or former spouse. "(2) CONDITIONS ON ELECTION. — An election under paragraph (D- "(A) must be made before the day on which the person making the election first becomes a participeint in the Survivor Benefit Plan; and "(B) shall be made in the same manner as an election under section 1448 of this title that is available to that person at the same time. "(3) REQUIREMENT OF SPOUSE ANNUITY UNDER SBP.— If upon becoming a participant in the Survivor Benefit Plan under section 1448 of this title the person is not providing an annuity for the person's spouse or former spouse, an election under this section to provide a supplemental spouse annuity shall be void. "(4) SPECIAL RULE FOR RCSBP PARTICIPANTS. — For the purposes of this subsection, a person providing a reserve-component annuity under the Survivor Benefit Plan shall not be considered to have become a participant in that Plan until the end of the 90-day period referred to in clause (iii) of section 1448(a)(2)(B) of this title. " (d) ELECTION OF FORMER SPOUSE AFTER BECOMING ELIGIBLE FOR SURVIVOR BENEFIT PLAN. — "(1) ELECTION OF COVERAGE. —A person who elects under sec- tion 1448(b)(3) of this title to provide coverage under the Survi- vor Benefit Plan for a former spouse may elect to provide a supplemental spouse annuity for that former spouse. Any such election must be signed by the person and received by the Secretary concerned within one year after the date of the decree of divorce, dissolution, or annulment. "(2) EFFECTIVE DATE OF ELECTION. — An election under para- graph (1) is effective as of the same day as the election under section 1448(b)(3) of this title. "(e) NOTICE TO SPOUSE OF FORMER SPOUSE COVERAGE.— If a mar- ried person who is eligible to provide an annuity under the Survivor Benefit Plan elects to provide an annuity under that Plan for a former spouse (or for a former spouse and dependent child) and elects under this section to provide a supplemental spouse annuity for that former spouse, the notification to the person's spouse under

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