Page:United States Statutes at Large Volume 98 Part 3.djvu/827

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3199

each year during which the annuity would have been reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent. "(C) If the employee or Member does not make such deposit, the Office shall collect such amount by offset against the employee or Member's annuity, up to a maximum of 25 percent of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset."; (4) in section 8341— (A) in paragraphs (IKA) and (2)(A) of subsection (a), by striking out "1 year" and inserting in lieu thereof "9 months"; (B) in subsection (b)— (i) by amending paragraph (1) to read as follows: "(b)(1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962) of an annuity computed under section 8389(a)-(i) and (n) of this title as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(j)(l) of this title, unless the right to a survivor annuity was waived under such section 8339(j)(l) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title. as the case may be."; (ii) in the second and third sentences of paragraph (3) by striking out "spouse, widow," each place it appears and inserting in lieu thereof "widow"; (iii) by striking out "60 years of age" at the end of paragraph (3) and inserting in lieu thereof "55 years of age"; and (iv) by adding at the end thereof the following new paragraph: "(4) Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between— "(A) the amount which would otherwise be payable to such widow or widower under this subsection (determined without regard to any waiver or designation under section 8339(j)(l) of this title or a prior similar provision of law), and "(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section."; (C) in subsection (d)— (i) by inserting after the first sentence the following: "Notwithstanding the preceding sentence, the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between— "(A) the amount which would otherwise be payable to such widow or widower under this subsection, and "(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section."; and (ii) in the last sentence, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively,

5 USC 8341.

5 USC 8339. Ante, p. 3195. Ante, p. 3195.

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