Page:United States Statutes at Large Volume 98 Part 3.djvu/830

 98 STAT. 3202

Ante, p. 3199. Infra. Regulations. Waiver.

Regulations. 5 USC 8345.

5 USC 8348.

5 USC 8901.

PUBLIC LAW 98-615—NOV. 8, 1984

"(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member's application; and "(B) in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if— "(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and "(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title. "(2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe. "(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined. "(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees."; (6) in section 8345— (A) in subsection (f) by adding at the end thereof the following new paragraph: "(4) The provisions of this subsection shall not apply— "(A) to any survivor annuity payable under subsection (h) of section 8341 of this title; or "(B) to any survivor annuity payable under subsection (b), (d), or (f) of such section which is reduced on account of any survivor annuity referred to in subparagraph (A) of this paragraph."; and (B) in subsection (j)(3) by striking out "or the District of Columbia" and inserting in lieu thereof the following: ", the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court"; and (7) in section 8348(a)(1)(B) by striking out "this title" and inserting in lieu thereof "this title, in administering survivor annuities and elections providing therefor under sections 8339 and 8341 of this title,". SEC. 3. Chapter 89 of title 5, United States Code, is amended— (1) in section 8901— (A) by striking out "and" at the end of paragraph (8); (B) by striking out the period at the end of paragraph (9) and inserting in lieu thereof "; and"; and (C) by adding at the end thereof the following new paragraph: "(10) 'former spouse' means a former spouse of an employee, former employee, or annuitant— "(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved, "(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolu-

�