Page:United States Statutes at Large Volume 94 Part 2.djvu/837

 PUBLIC LAW 96-465—OCT. 17, 1980

94 STAT. 2115

benefits for any former spouse whose prospective right to such annuity has not terminated by reason of death or remarriage. (C) After the death of a participant or former participant, a court order under section 820(b)(l) may not adjust the amount of the annuity of any former spouse under this section. (5)(A) For each full month after a former spouse of a participant or former participant dies or remarries before attaining age 60, the annuity of the participant, if reduced to provide a survivor annuity for that former spouse, shall be recomputed and paid as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B). (B) Subject to paragraph (4)(B), the participant may elect in writing within one year after receipt of notice of the death or remarriage of the former spouse to continue the reduction in order to provide a higher survivor annuity under section 8060)X3) for any spouse of the participant. (c)(1) In the case of any participant or former participant providing a survivor annuity benefit under subsection Qo) for a former spouse— (A) such participant may elect, or (B) a spousal agreement or court order under section 820(b)(1) may provide for, an additional survivor annuity under this subsection for any other former spouse or spouse surviving the participant, if the participant satisfactorily peisses a physical examination as prescribed by the Secretary of State. (2) Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant or former participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this section and section 806, shall exceed 55 percent of the full amount of the participant's annuity, as computed under section 806(a). (3)(A) In accordance with regulations which the Secretary of State Regulations, shall prescribe, the participant involved may provide for any annuity under this subsection— (i) by a reduction in the annuity or an allotment from the salary of the participant, (ii) by a lump sum pa3anent or installment payments to the Fund, or (iii) by any combination thereof. (B) The present value of the total amount to accrue to the Fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may from time to time be prescribed for this purpose by the Secretary of State. (C) If a former spouse predeceases the participant or remarries before attaining age 60 (or, in the case of a spouse, the spouse does not qualify as a former spouse upon dissolution of the marriage)— (i) if an annuity reduction or salary allotment under subparagraph (A) is in effect for that spouse or former spouse, the annuity shall be recomputed and paid as if it had not been reduced or the salary allotment terminated, as the case may be, and (ii) any amount accruing to the Fund under subparagraph (A) shall be refunded, but only to the extent that such amount may have exceeded the actuarial cost of providing benefits under this subsection for the period such benefits were provided, as determined under regulations prescribed by the Secretary of State.

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