Page:United States Statutes at Large Volume 107 Part 3.djvu/91

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PUBLIC LAW 103-178—DEC. 3, 1993 107 STAT. 2029 ted not later than October 1, 1995. 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. (B) RETROAcmvE BENEFITS.— Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to such annuity under this subsection, but in no event shall a survivor annuity be payable under this subsection with respect to any period before October 1, 1994. (6) RESTORATION OF ANNUITY.—Notwithstanding paragraph (5)(A), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such a survivor annuity is restored after October 1, 1994, under paragraph (2)(A) or (3)(B). (7) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED TOFERS.— (A) ENTITLEMENT.— Except as provided in paragraph (2), this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code. (B) AMOUNT OF ANNUITY. — The survivor annuity of a person covered by subparagraph (A) shall be equal to 50 percent of the imreduced amount of the participant's annuity computed in accordance with section 302(a) of the Federal Employees' Retirement System Act of 1986 and shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 8445 of title 5, United States Code. (b) RETIREMENT ANNUITY.— (1) IN GENERAL. — (A) ENTITLEMENT OF FORMER WIFE OR HUSBAND. —A person described in subsection (a)(l)(A) shall be entitled, except to the extent such former spouse is disqualified under paragraph (2), to an annuity— (i) if married to the participant throughout the -- creditable service of the participant, equal to 50 percent of the annuity of the participant; or (ii) if not married to the participant throughout such crediteble service, equal to that former vdfe's or husband's pro rata share of 50 percent of such annuity (determined in accordance with section 222(a)(l)(B) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032 (a)(l)(B)). (B) REDUCTION IN RETIREMENT ANNUITIES. — (i) AMOUNT OF REDUCTION. — An annuity payable under this subsection shall be reduced by an amount equal to any apportionment payments payable to the former wife or husband pursuant to the terms of a court order incident to the dissolution of the marriage of such former spouse and the participant, former participant, or retired participant.