Page:United States Statutes at Large Volume 94 Part 2.djvu/835

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2113

812. MANDATORY RETIREMENT.—(a) Except as provided in subsection (b), any participant shall be retired from the Service at the end of the month in which the participant has reached age 65 and has at least 5 years of service credit toward retirement under the System (excluding military and naval service), and shall receive retirement benefits in accordance with section 806. 0)X1) Any participant who is otherwise required to retire under subsection (a) while occupying a position to which he or she was appointed by the President, by and with the advice and consent of the Senate, may continue to serve until that appointment is terminated. (2) Whenever the Secretary determines it to be in the public interest, any participant who is otherwise required to retire under subsection (a) may be retained on active service for a period not to exceed 5 years. (3) Any participant who completes a period of service authorized by this subsection shall be retired at the end of the month in which such authorized service is completed. SEC. 813. RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES.—If a participant completes an assignment under section 3020i)) in a position to which he or she was appointed by the President and has not been reassigned within 3 months after the termination of such assignment (plus any period of authorized leave), the participant shall be retired from the Service and receive retirement benefits in accordance with section 806. SEC. 814. FORMER SPOUSES.—(a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 820(b)(1), a former spouse of a participant or former participant is entitled to an annuity^— (A) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or (B) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 percent of such annuity. (2) 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 60 years of age. (3) The annuity of a former spouse under this subsection commences on the later of the day the participant upon whose service the gmnuity is based becomes entitled to an annuity under this chapter on the first day of the month in which the divorce or annulment involved becomes final. The annuity of such former spouse and the right thereto terminate on— (A) the last day of the month before the former spouse dies or remarries before 60 years of age; or (B) the date the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)). (4) No spousal E^eement or court order under section 820(b)(l) involving any participant may provide for an annuity or any combination of annuities under this subsection which exceeds the annuity of the participant, nor may any such court order relating to an annuity under this subsection be given effect if it is issued more than 12 months after the date the divorce or annulment involved becomes final. (5)(A) The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating the survivor annuity for any SEC.

22 USC 4052.

Presidential appointment, termination.

22 USC 4053.

22 USC 4054.

Remarried spouse. Annuity termination.

Reduced annuity.

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