Page:United States Statutes at Large Volume 107 Part 3.djvu/93

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PUBLIC LAW 103-178—DEC. 3, 1993 107 STAT. 2031 annuity for which the participant would otherwise so qualify. (C) ELECTION OP BENEFITS. —A former wife or husband of a participant or retired participant shall not become entitled under this subsection to an annuity or to the restoration of an annuity unless the former wife or husband elects to receive it instead of any survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant. (D) APPLICATION. — (i) TIME LIMIT; WAIVER.— An annuity under this subsection shall not be payable unless appropriate written application is provided to the Director of Central Intelligence, complete with any supporting documentation which the Director may by re^ilation require, 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. (ii) RETROACTIVE BENEFITS.— Upon approval of an application under clause (i), the appropriate 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 an annuity under this subsection, but in no event shall an annuity be payable under this subsection with respect to any period before October 1, 1994. (4) RESTORATION OF ANNUITIES. —Notwithstanding paragraph (3)(D)(i), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse's entitlement to such annuity is restored after October 1, 1994, under paragraph (2)(A) or OXAXii). (5) APPLICABILITY IN CASES OF PARTICIPANTS TRANSFERRED TO FERS.—The provisions of 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. For purposes of this paragraph, any reference in this V^ section to a participant's annuity under the Central Intelligence Agency Retirement and Disability System shall be deemed to refer to the transfcsrred participant's annuity computed in accordance with section 302(a) of the Federal Employee s Retirement System Act of 1986. (6) SAVINGS PROVISION.— Nothing in this subsection shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to cm annuity of a participant or former participant under title II or III of the Central Intelligence Agency Retirement Act. (c) HEALTH BENEFITS,. — (1) IN GENERAL. —Section 16 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403p) is amended— (A) by redesignating subsections (c) through (e) as subsections (e) through (g), respectively; and