PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3213 "(A) if married to the participant, former participant, or retired participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or "(B) if not married to the participant throughout such creditable service, equal to that proportion of 50 percent of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of such creditable service. "(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.— A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age. "(3) COMMENCEMENT OF ANNUITY.— The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this title or on the first day of the month after the divorce or annulment involved becomes final, whichever is later. "(4) TERMINATION OF ANNUITY.— The annuity of such former spouse and the right thereto terminate on— "(A) the last day of the month before the month in which the former spouse dies or remarries before 55 years of age; or "(B) the date on which the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)). '(5) TREATMENT OF PARTICIPANT'S ANNUITY. — "(A) REDUCTION IN PARTICIPANT'S ANNUITY. —The annuity payable to any participant shall be reduced by the amount of an annuity under this subsection paid to any former spouse based upon the service of that participant. Such reduction shall be disregarded in calculating— "(i) the survivor annuity for any spouse, former spouse, or other survivor under this title; and "(ii) any reduction in the annuity of the participant to provide survivor benefits under subsection (b) or under section 221(b).
- (B) TREATMENT WHEN ANNUITANT RETURNS TO SERV-
ICE.—If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 271, or reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the fund. "(6) DISABILITY ANNUITANT. —Notwithstanding paragraph (3), in the case of a former spouse of a disability annui^n^— "(A) the annuity of that former spouse shall commence on the date on which the participant would qualify on the basis of the participant's creditable service for an annuity under this title (other than a disability annuity) or
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