Page:United States Statutes at Large Volume 98 Part 3.djvu/828

 98 STAT. 3200

Ante, p. 3195.

Effective dates. Termination Q£IL6S.

PUBLIC LAW 98-615—NOV. 8, 1984 and by striking out "60 years of age" and inserting in lieu thereof "55 years of age"; (D) in subsection (e)— (i) in paragraph (1), by inserting "or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member" after "survived by a spouse" each place it appears; and (ii) by amending the last sentence of paragraph (2) to read as follows: "On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the employee or Member."; (E) in subsection (f) by inserting after paragraph (2) the following: "Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between— "(A) the annuity which would otherwise be payable to such surviving spouse under this subsection, and "(B) the amount of the survivor annuity payable to any former spouse of such Member under subsection (h) of this section."; and (F) in subsection (g) by striking out "60 years of age" and inserting in lieu thereof "55 years of age"; and (G) by adding at the end thereof the following new subsections: "(h)(1) Subject to paragraphs (2) through (5) of this subsection, a former spouse of a deceased employee, Member, or annuitant is entitled to a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. "(2)(A) The annuity payable to a former spouse under this subsection may not exceed the difference between— "(i) the amount applicable in the case of such former spouse, as determined under subparagraph (B) of this paragraph, and "(ii) the amount of any annuity payable under this subsection to any other former spouse of the employee. Member, or annuitant, based on an election previously made under section 8339(j)(3) of this title, or a court order previously issued. "(B) The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable— "(i) under subsection (b)(4)(A) of this section in the case of a widow or widower, if the deceased was an employee or Member who died after retirement; "(ii) under subparagraph (A) of subsection (d) of this section in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or "(iii) under subparagraph (A) of subsection (f) of this section in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection. "(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applica-

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