Page:United States Statutes at Large Volume 96 Part 1.djvu/1193

 PUBLIC LAW 97-269—SEPT. 27, 1982

96 STAT. 1151

"(i) by a reduction in the annuity or an allotment from the salary of the participant, "(ii) by a lump-sum payment 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 Director. "(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 Director. "(D) Under regulations prescribed by the Director, an annuity shall be recomputed (or salary allotment terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a spouse in the event a former spouse of the participant dies or remarries before attaining age 60 and an increased annuity is provided for that spouse in accordance with this section. "(4) An annuity payable under this subsection to a spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the former spouse's death or remarriage before attaining age 60. "(5) Section 291 shall not apply to any annuity under this subsection, unless authorized under regulations by the Director. "(d) Section 221(1) shall not apply— "(1) to any annuity payable under subsection (a) or (b) to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 263(b), or an election under section 221(b)(l)(B), from the amount which would be calculated under subsection (a)(1) or (b)(D, as the case may be, in the absence of such spousal agreement, court order, or election; or "(2) to any annuity payable under subsection (c).". SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES

SEC. 607. Part C of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees, as amended by section 606 of this title, is further amended by adding at the end thereof the following:

50 USC 403 note. 50 USC 403 note. ^<^«^' P ^^53. ^«^e, p. 1146.

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