Page:United States Statutes at Large Volume 105 Part 1.djvu/461

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PUBLIC LAW 102-88—AUG. 14, 1991 105 STAT. 433 (2) in subsection (c)(l)(B), by inserting ", except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce" after "fifty-five; and (3) by adding at the end thereof the following new subsection: "(e) Notwithstanding subsection (c)(2)(A) of this section, the thirty- month application requirement for a survivor annuity under this section to be payable shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(l)(B) of this section,". (b) RETIREMENT BENEFITS.— Section 225 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (50 U.S.C. 403 note) is amended— (1) in subsection (b)(D, by inserting ", except that the entitlement of the former spouse to benefits under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce" after "fifty-five"; (2) in subsection (c)(l)(BXD, by inserting ", except that the entitlement of the former spouse to benefits under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce" after "fifty-five years of age'; (3) by redesignating subsection (e) as subsection (f); and (4) by adding after subsection (d) the following new subsection (e): "(e) Notwithstanding subsection (c)(4)(A) of this section, the thirty- month application requirement for benefits under this section to be payable shall not apply in cases in which a former spouse's entitlement to such benefits is restored under subsection (b)(l) or (c)(l)(B) of this section.". (c) HEALTH BENEFITS.— Section 16(c) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) is amended by adding 50 USC 403p. after paragraph (2) the following new paragraph: ^ "(3)(A) A former spouse who is not eligible to enroll or to continue enrollment in a health benefits plan under this section solely because of remarriage before age fifty-five shall be restored to such eligibility on the date such remarriage is dissolved by death, annulment, or divorce. "(B) A former spouse whose eligibility is restored under subparagraph (A) may, under regulations which the Director of the Office of Personnel Management shall prescribe, enroll in a health benefits plan if such former spouse— "(i) was an individual referred to in paragraph (1) and was an individual covered under a benefits plan as a family member at any time during the 18-month period before the date of dissolution of the marriage to the Agency employee or annuitent; or "(ii) was an individual referred to in paragraph (2) and was an individual covered under a benefits plan immediately before the remarriage ended the enrollment.". (d) EFFECTIVE DATE. —The amendments made by this section shall 50 USC 403p take effect as of October 1, 1990. No benefits provided pursuant to ^°*®- the amendments made by this section shall be payable with respect to any period before such date. (e) COMPLIANCE WITH BUDGET ACT.—Any new spending authority 50 USC 403p (within the meaning of section 401(c) of the Congressional Budget "°*®- Act of 1974) provided pursuant to the amendments made by this section shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.