Page:United States Statutes at Large Volume 108 Part 1.djvu/146

 108 STAT. 120 PUBLIC LAW 103-226—MAR. 30, 1994 Government employment, and such employee's or Member's"; and (ii) by striking "or (c), as applicable"; and (C) in paragraph (2) (as so redesignated by subparagraph (A) of this paragraph) by striking "paragraphs (1) and (2)" and inserting "paragraph (1)". (c) ANNUITIES: METHODS OF PAYMENT; ELECTION; PURCHASE.— Section 8434(c) of title 5, United States Code, is amended to read as follows: "(c) Notwithstanding the elimination of a method of payment by the Board, an employee. Member, former employee, or former Member may elect the eliminated method if the elimination of such method becomes effective less than 5 years before the date on which that individual's annuity commences.". (d) PROTECTIONS FOR SPOUSES AND FORMER SPOUSES.—Section 8435 of title 5, United States Code, is amended— (1) in subsection (a)(1)(A) by striking "subsection (b)(3), (b)(4), (c)(3), or (c)(4) of section 8433 of this title or change an election previously made under subsection (b)(1), (b)(2), (c)(D, or (c)(2)" and inserting "subsection (b)(3) or (b)(4) of section 8433 of this title or change an election previously made under subsection (b)(1) or (b)(2)"; (2) by striking subsection (b); (3) by redesignating subsections (c) through (i) as subsections (b) through (h), respectively; (4) in subsection (b) (as so redesignated by paragraph (3) of this subsection) by amending paragraph (2) to read as follows: "(2) Paragraph (1) shall not apply if— "(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or "(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2)(A) or (B) make the requirement of a joint waiver inappropriate."; and (5) in subsection (c)(1) (as so redesignated by paragraph (3) of this subsection) by striking "and a transfer may not be made under section 8433(d) of this title". (e) JUSTICES AND JUDGES.—Section 8440a(b) of title 5, United States Code, is amended— (1) in paragraph (5) by striking "Section 8433(d)" and inserting "Section 8433(b)"; and (2) by striking paragraphs (7) and (8) and inserting the following: "(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or section 372(a) of title 28, or resigns without having met the age and service requirements set forth under section 371(c) of title 28, and such justice's or judge's nonforfeitable account balance is $3,500 or less, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment unless the justice or judge elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under section 8433(b).". (f) BANKRUPTCY JUDGES AND MAGISTRATES.—Section 8440b of title 5, United States Code, is amended—

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