Page:United States Statutes at Large Volume 106 Part 4.djvu/478

 106 STAT. 3214 PUBLIC LAW 102-496—OCT. 24, 1992 the date on which the disability annuity begins, whichever is later, and "(B) the amoirnt of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. "(7) ELECTION OF BENEFITS. — A former spouse of a participant, former participant, or retired participant shall not become entitled under this subsection to an annuity payable from the fund unless the former spouse elects to receive it instead of any other annuity to whicn the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. "(8) LIMITATION IN CASE OF MULTIPLE FORMER SPOUSE ANNUITIES.— No spousal agreement or court order under section 264(b) involving a participant may provide for an annuity or a combination of annuities under this subsection that exceeds the annuity of the participant. "(b) FORMER SPOUSE SURVIVOR ANNUITY. — "(1) PRO RATA SHARE. —Subject to any election under section 221(b)(l)(B) and (C) and unless otherwise expressly provided by a spousal agreement or court order under section 264(b), if an £mnuitant is survived by a former spouse, the former spouse shall be entitled— ''(A) if married to the annuitant throughout the creditable service of the annuitant, to a survivor annuity equal to 55 percent of the imreduced amount of the annuitant's annuity, as computed under section 221(a); and "(B) if not married to the annuitant throughout such creditable service, to a survivor annuity equal to that proportion of 55 percent of the unreduced amount of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of such creditable service. "(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55. — A former spouse shall not be qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age. "(3) COMMENCEMENT, TERMINATION, AND RESTORATION OF ANNUITY.— An annuity payable from the fund under this title to a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 55. If such a survivor annuity is terminated because of remarriage, it shall be restored at the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any Ivunp Bum paid upon termination of the annuity is returned to the fund. "(4) SURVIVOR ANNUITY AMOUNT.— "(A) MAXIMUM AMOUNT. —The maximimi survivor annuity or combination of survivor annuities under this subsection (and section 221(b)(3)) with respect to any participant may not exceed 55 percent of the full amount of the participant's annuity, as calculated under section 221(a).

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