Page:United States Statutes at Large Volume 96 Part 1.djvu/1190

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PUBLIC LAW 97-000—MMMM. DD, 1982

96 STAT. 1148 Infra.

Infra.

PUBLIC LAW 97-269—SEPT. 27, 1982

married to the participant at any time during a period of recall service and who qualifies for an annuity under section 222(b). "(n) An annuity which is reduced under this section or any similar prior provision of law to provide a survivor benefit for a spouse shall, if the marriage of the participant to such spouse is dissolved, be recomputed and paid for each full month during which an annuitant is not married (or is remarried if there is no election in effect under the following sentence) as if the annuity had not been so reduced, subject to any reduction required to provide a survivor benefit under section 222(b) or (c). Upon remarriage the retired participant may irrevocably elect, by means of a signed writing received by the Director within one year after such remarriage, to receive during such marriage a reduction in annuity for the purpose of allowing an annuity for the new spouse of the annuitant in the event such spouse survives the annuitant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the previous marriage (unless such reduction is adjusted under section 222(b)(5)), and shall be effective the first day of the first month beginning one year after the date of remarriage. A survivor annuity elected under this subsection shall be treated in all respects as a survivor annuity under subsection (b). "(o) The Director shall, on an annual basis— "(1) inform each participant of his or her right of election under subsections (f)(2) and (n); and "(2) to the maximum extent practicable, inform spouses or former spouses of participants or former participants of their rights under this section and sections 222, 223, and 234 (c), (d), and (e).".

Post, p. 1152. COMPUTATION OF ANNUITIES FOR FORMER SPOUSES

SEC. 606. Part C of title II of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees is amended by adding at the end thereof the following: " C O M P U T A T I O N OF ANNUITIES FOR FORMER SPOUSES

50 USC 403 note. Post, p. 1153.

Annuity disquaiitication.

"SEC. 222. (a)(1) Unless otherwise expressly provided by any spousal agreement or court order under section 263(b), a former spouse of a participant or former participant is entitled to an annuity—

  • (A) if married to the 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 a proportion of 50 percent of such annuity which 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 Act bears to the total number of days of creditable service. "(2) A former spouse shall not be qualified for an annuity under ^j^jg subsection if before the commencement of that annuity the former spouse remarries before becoming 60 years of age. "(3) 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