Page:United States Statutes at Large Volume 106 Part 4.djvu/514

 106 STAT. 3250 PUBLIC LAW 102-496—OCT. 24, 1992 or spousal agreement, together with such additional information or documentation as the Director may require. "(B) METHOD OF PAYMENT.— The Qualified former spouse's benefit under this subsection shall be paid in a lump sum. "(C) LIMITATION. — A spousal agreement or court order may not provide for payment to a qualified former spouse under this subsection of an amount that exceeds the employee's account balance in the Thrift Savings Fund. "(D) DEATH OF QUALIFIED FORMER SPOUSE.— If the qualified former spouse dies before payment of the benefit provided under tnis subsection, such payment shall be made to the estate of the qualified former spouse. "(E) BAR TO RECOVERY. —Any payment under this subsection to an individual bars recovery by any other individual. "(3) CLOSED ACCOUNT. —No payment under this subsection may be made b^ the Director if the date on which the divorce becomes final is after the date on which the total amount of the employee's account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with section 8433 of title 5, United States Code. "(0 PRESERVATION OF RIGHTS OF QUALIFIED FORMER SPOUSES. — An employee may not make an election or modification of election under section 8417 or 8418 of title 5, United States Code, or other section relating to the employee's annuity under subchapter II of chapter 84 of title 5, United States Code, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement. "(g) PAYMENT OF SHARE OF LUMP-SUM CREDIT.—Whenever an employee or former employee becomes entitled to receive the lumpsum credit under section 8424(a) of title 5, United States Code, a share (determined under subsection (c)(l)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lumpsum credit involved. "(h) PAYMENT TO QUALIFIED FORMER SPOUSES UNDER COURT ORDER OR SPOUSAL AGREEMENT.—In the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement— "(1) any right of the qualified former spouse to any retirement benefits under subsection (c) and to any survivor benefits under subsection (d), and the amount of any such benefits; "(2) any right of the Qualified former spouse to any Thrift Savings Plan benefit under subsection (e), and the amount of any such benefit; and (3) any right of the qualified former spouse to any payment of a lump-sum credit under subsection (g), and the amount of any such payment; shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this section. "(i) APPLICABILITY OF CIARDS FORMER SPOUSE BENEFITS. —

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