PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3219 "(2) if not married to the participant throughout such creditable service, equal to that former spouse's pro rata share of 50 percent of such annuity. "(b) LIMITATIONS.—^A former spouse is not entitled to an annuity under this section if— "(1) the former spovise remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or "(2) the former spouse is less than 50 years of age. "(c) COMMENCEMENT AND TERMINATION.— "(1) RETIREMENT ANNUITIES. —The entitlement of a former spouse to an annuity under this section— "(A) shall commence on the later of—
- (i) the day the participant upon whose service
the right to the annuity is based becomes entitled to an annuity under this title; "(ii) the first day of the month in which the divorce or annulment involved becomes final; or "(iii) such former spouse's 50th birthday; and "(B) shall terminate on the earlier of— "(i) the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or "(ii) the date on which the annuity of the participant terminates. " (2) DiSABlUTY ANNUITIES. —Notwithstanding paragraph (l)(A)(i), in the case of a former spouse of a disability annuitant— "(A) the annuity of the 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 disability annuity) or the date the disability annuity begins, whichever is later; and "(B) the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify. "(3) ELECTION OF BENEFITS. — ^A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any other annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. "(4) APPLICATION.— "(A) TIME LIMIT; WAIVER. —An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than June 2, 1991. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.
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