Page:United States Statutes at Large Volume 110 Part 3.djvu/827

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PUBLIC LAW 104-201—SEPT. 23, 1996 110 STAT. 2557 " (E) CONSEQUENCES OF DISCONTINUATION.—Once participation is discontinued, benefits may not be paid in conjunction with the eariier participation in the Plan and premiums paid may not be refunded. Participation in the Plan may not later be resumed except through a qualified election under paragraph (5) of subsection (a). " (2) FORMER SPOUSE COVERAGE UPON BECOMING A PARTICI- PANT IN THE PLAN.— "(A) GENERAL RULE.— A person who has a former spouse upon becoming eligible to participate in the Plan may elect to provide an annuity to that former spouse. "(B) EFFECT OF FORMER SPOUSE ELECTION ON SPOUSE OR DEPENDENT CHILD. — In the case of a person with a spouse or a dependent child, such an election prevents payment of an annuity to that spouse or child (other than a child who is a beneficiary under an election under paragraph (4)), including pa3anent under subsection (d). " (C) DESIGNATION IF MORE THAN ONE FORMER SPOUSE.— I f there is more than one former spouse, the person shall designate which former spouse is to be provided the annuity. "(D) DESIGNATION IF RCSBP ELECTION. —In the case of a person providing a reserve-component annuity, such an election shall include a designation under subsection (e). " (3) FORMER SPOUSE COVERAGE BY PERSONS ALREADY PARTICIPATING IN PLAN.— "(A) ELECTION OF COVERAGE. — "(i) AUTHORITY FOR ELECTION. —^A person— "(I) who is a participant in the Plan and is providing coverage for a spouse or a spouse and child (even though there is no beneficiary currently eligible for such coverage), and "(II) who has a former spouse who was not that person's former spouse when that person became eligible to participate in the Plan, may (subject to subparagraph (B)) elect to provide an annuity to that former spouse. "(ii) TERMINATION OF PREVIOUS COVERAGE.— Any such election terminates any previous coverage under the Plan. "(iii) MANNER AND TIME OF ELECTION.— Any such election must be written, signed by the person making the election, and received by the Secretary concerned within one year sifter the date of the decree of divorce, dissolution, or annulment. "(B) LIMITATION ON ELECTION.— ^A person may not make an election under subparagraph (A) to provide an annuity to a former spouse who that person married after becoming eligible for retired pay unless— "(i) the person was married to that former spouse for at least one year, or "(ii) that former spouse is the parent of issue by that marriage. "(C) IRREVOCABILITY, EFFECTIVE DATE, ETC.— An election under this paragraph may not be revoked except in accordance with section 1450(f) of this title. Such an election is effective as of the first day of the first calendar