Page:United States Statutes at Large Volume 106 Part 4.djvu/513

This page needs to be proofread.

PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3249 annuitant's spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of section 8418 of title 5, United States Code. XJ) PRO RATA SHARE IN CASE OF EMPLOYEES TRANSFERRED TO FERS. —Notwithstanding paragraph (I)(B), in the case of an employee who has elected to become subject to chapter 84 of title 5, United States Code, the share of such employee's qualified former spouse to survivor benefits shall equal the sum of— "(A) 50 percent of the employee's annuity under subchapter ni of chapter 83 of title 5, United States Code, or under title II ot this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service before the effective date of the election to transfer bears to the employee's total creditable service before such effective date; and "(B) if applicable— ^i) 50 percent of the employee's annuity under chapter 84 of title 5, United States Code, or section 302(a) of this Act (computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 or section 307 of this Act), plus '\u) the survivor benefits referred to in subsection (d)(2)(A), multiplied by the proportion that the number of days of marriage during the period of the employee's creditable service on and after the effective date of the election to transfer bears to the employee's total creditable service after such effective date, "(e) QUALIFIED FORMER SPOUSE THRIFT SAVINGS PLAN BENEFIT. — '*il) ENTITLEMENT.— "(A) IN GENERAL.— Unless otherwise expressly provided by a spousal agreement or court order ^veming disposition of the balance of an account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code, a qualified former spouse of an employee is entitied to a share (determined under subparagraj^ (B)) of the balance in the employee's account in the Thrift Savings Fund on the date the divorce of the qualified former spouse and emplovee becomes final. '\B) AMOUNT OF SHARE.— The share referred to in subparagraph (A) equals 50 percent of the employee's account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the employee's account balance shall not include the amount of any outstanding loan.

  • \2) PAYMENT OF BENEFIT.—

"(A) TIME OF PAYMENT. — The entitlement of a qualified former spouse under paragraph (1) shall be effective on the date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse's benefit shall be payable after the date on which the Director receives the divorce decree or any applicable court order 59-194 O—93 17:QL3(Pt. 4)