Page:United States Statutes at Large Volume 98 Part 3.djvu/829

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3201

ble order, decree, agreement, or election, as the case may be, except that any such annuity— "(A) shall not commence before— "(i) the day after the employee. Member, or annuitant dies, or "(ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe, whichever is later, and "(B) shall terminate— "(i) in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of this subsection, no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies; or "(ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies. "(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective— "(A) if such modification is made after the retirement of the employee or Member concerned, and "(B) to the extent that such modification involves an annuity under this subsection. "(5) For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under section 8339(j)(l) of this title or a similar prior provision of law. Ante, p. 3195. "(6) Any payment under this subsection to a person bars recovery by any other person. "(7) As used in this subsection, 'court' means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court. "(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member's death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if— "(1) the death of the employee or Member was accidental; or "(2) the surviving spouse of such individual had been previously married to the individual and subsequently divorced, and the aggregate time married is at least 9 months."; (5) in section 8342(a)— 5 USC 8342. (A) by striking out "An" and inserting in lieu thereof "Subject to subsection (j) of this section, an"; and (B) by adding at the end thereof the following new subsection: "(j)(l) Payment of the lump-sum credit under subsection (a) of this section—

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