Page:United States Statutes at Large Volume 96 Part 1.djvu/1194

 96 STAT. 1152

PUBLIC LAW 97-269—SEPT. 27, 1982 "ELECTION OF SURVIVOR BENEFITS FOR CERTAIN FORMER SPOUSES

50 USC 403 note.

Ante, p. 1148.

Post, p. 1153.

Ante, p. 1146.

"SEC. 223. (a) Any participant or former participant in the Central Intelligence Agency Retirement and Disability System who on November 15, 1982, has a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 222(b). "(b)(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement. "(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe. "(3) For the purposes of applying this Act, any such election shall be treated in the same manner as if it were a spousal agreement under section 263(b). "(c) An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under section 221(b)(l)(B) prior to the time of retirement for the purpose of allowing an election to be made under this section. "(d) The amount of the reduction in the participant's annuity shall be determined in accordance with section 221(b)(2). Such reduction shall be effective as of— "(1) the commencing date of the participant's annuity, in the case of an election under subsection (b)(1), or "(2) November 15, 1982, in the case of an election under subsection (b)(2).". DISCONTINUED SERVICE BENEFITS

SEC. 608. Section 234 of the Central Intelligence Agency Retire50 USC 403 note, ment Act of 1964 for Certain Employees is amended— (1) by striking out in subsection (a) "Any" and inserting in lieu thereof the following: "Subject to the limitations contained in subsections (c), (d), and (e), any"; and (2) by adding at the end thereof the following: "(C) Whenever a participant becomes separated from the Agency without becoming eligible for an annuity or a deferred annuity under this Act and becomes entitled to receive a lump-sum payment 50 USC 403 note, under this section or section 241, a share of that lump-sum payment shall be paid to any former spouse of the participant in accordance with subsections (d) and (e). Lump-sum "(d) Unless otherwise expressly provided by any spousal agree^^^^^ment or court order under section 263(b), the amount of a participant's or former participant's lump-sum credit under this section or under section 241 payable to a former spouse of that participant shall be— "(1) if the former spouse was married to the participant throughout the period of creditable service of the participant, 50 percent of such lump-sum credit to which such participant would be entitled in the absence of this subsection; or "(2) if such former spouse was not married to the participant throughout such creditable service, an amount equal to a pro-

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