Page:United States Statutes at Large Volume 98 Part 3.djvu/823

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3195

Public Law 98-615 98th Congress An Act To provide retirement equity for former spouses of civil service retirees, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Service Retirement Spouse Equity Act of 1984". SEC. 2. Chapter 83 of title 5, United States Code, is amended— (1) in section 8331— (A) by striking out "and" at the end of paragraph (21); (B) by striking out the period at the end of paragraph (22) and inserting in lieu thereof a semicolon; and (C) by adding at the end thereof the following new paragraphs: "(23) 'former spouse' means a former spouse of an individual— "(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and "(B) if the former spouse was married to such individual for at least 9 months; and "(24) 'Indian court' means an Indian court as defined by section 201(3) of the Act entitled 'An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes', approved April 11, 1968 (25 U.S.C. 1301(3); 82 Stat. 77)."; (2) by amending section 8334(h) to read as follows: "(h) For the purpose of survivor annuities, deposits authorized by subsections (c), (d), and (j) of this section and by section 8339(j)(5)(C) and the last sentence of section 8339(k)(2) of this title may also be made by a survivor of an employee or Member."; (3) in section 8339— (A) by amending subsection (j) to read as follows: "(j)(l) The annuity computed under subsections (a)-(i) and (n) of this section (or a portion of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management) for an employee or Member who is married at the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for the spouse under section 8341(b) of this title, unless the employee or Member and the spouse jointly waive the spouse's right to a survivor annuity in a written election filed with the Office at the time that the employee or Member retires. Each such election shall be made in accordance with such requirements as the Office shall, by regulation, prescribe, and shall be irrevocable. The Office shall provide, by regulation, that an employee or Member may waive the survivor annuity without the spouse's consent if the employee or Member establishes to the satisfaction of the Office—

Nov. 8, 1984 [H.R. 2300] Civil Service Retirement Spouse Equity Act of 1984. 5 USC 8331 note. 5 USC 8331.

5 USC 8334. Infra. Infra.

Post, p. 3199.

Regulations. Waiver.

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