Title 5 — Government Organization and Employees
Part III · Chapter 83 — Retirement
§ 8341. Survivor annuities
Statutory text
For the purpose of this section—
“widow” means the surviving wife of an employee or Member who—
was married to him for at least 9 months immediately before his death; or
is the mother of issue by that marriage;
“widower” means the surviving husband of an employee or Member who—
was married to her for at least 9 months immediately before her death; or
is the father of issue by that marriage;
“dependent”, in the case of any child, means that the employee or Member involved was, at the time of the employee or Member’s death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
“child” means—
an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if he shows to the satisfaction of the Office of Personnel Management that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before ) of an annuity computed under section 8339(a)–(i), (n), (p), (q), (r), and (s) as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(j)(1) of this title, unless the right to a survivor annuity was waived under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title, as the case may be.
If an annuitant—
who retired before ; or
who elected a reduced annuity provided in paragraph (2) of section 8339(k) of this title;
dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the annuitant been married to the widow or widower at the time of retirement.
A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
dies; or
except as provided in subsection (k), remarries before becoming 55 years of age.
Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between—
the amount which would otherwise be payable to such widow or widower under this subsection (determined without regard to any waiver or designation under section 8339(j)(1) of this title or a prior similar provision of law), and
the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
The annuity of a survivor named under section 8339(k)(1) of this title is 55 percent of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a)–(f), (i), (n), (p), (q), (r), and (s) as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of—
40 percent of his average pay; or
the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age.
Notwithstanding the preceding sentence, the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between—
the amount which would otherwise be payable to such widow or widower under this subsection, and
the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
dies; or
except as provided in subsection (k), remarries before becoming 55 years of age.
For the purposes of this subsection, “former spouse” includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter.
If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member, that surviving child is entitled to an annuity equal to the smallest of—
60 percent of the average pay of the employee or Member divided by the number of children;
$900; or
$2,700 divided by the number of children;
subject to section 8340 of this title. If the employee or Member is not survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member, that surviving child is entitled to an annuity equal to the smallest of—
75 percent of the average pay of the employee or Member divided by the number of children;
$1,080; or
$3,240 divided by the number of children;
subject to section 8340 of this title.
The annuity of a child under this subchapter or under the Act of , as amended from and after , commences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(3) of this section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child—
becomes 18 years of age unless he is then a student as described or incapable of self-support;
becomes capable of self-support after becoming 18 years of age unless he is then such a student;
becomes 22 years of age if he is then such a student and capable of self-support;
ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or
dies or marries;
whichever first occurs. On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the employee or Member.
If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if—
any lump sum paid is returned to the Fund; and
that individual is not otherwise ineligible for such annuity.
If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a spouse to whom married at the date of separation, the surviving spouse—
is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries; or
may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between—
the annuity which would otherwise be payable to such surviving spouse under this subsection, and
the amount of the survivor annuity payable to any former spouse of such Member under subsection (h) of this section.
In the case of a surviving spouse whose annuity under this section is terminated because of remarriage before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if—
the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and
any lump sum paid on termination of the annuity is returned to the Fund.
Subject to paragraphs (2) through (5) of this subsection, a former spouse of a deceased employee, Member, annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title is entitled to a survivor annuity under this subsection, if and to the extent expressly provided for in an election under section 8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
The annuity payable to a former spouse under this subsection may not exceed the difference between—
the amount applicable in the case of such former spouse, as determined under subparagraph (B) of this paragraph, and
the amount of any annuity payable under this subsection to any other former spouse of the employee, Member, or annuitant, based on an election previously made under section 8339(j)(3) of this title, or a court order previously issued.
The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable—
under subsection (b)(4)(A) of this section in the case of a widow or widower, if the deceased was an employee or Member who died after retirement;
under subparagraph (A) of subsection (d) of this section in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or
under subparagraph (A) of subsection (f) of this section in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection.
The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
shall not commence before—
the day after the employee, Member, or annuitant dies, or
the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe,
whichever is later, and
shall terminate—
except as provided in subsection (k), in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of this subsection, no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies; or
in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies.
For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—
if such modification is made after the retirement or death of the employee or Member concerned, and
to the extent that such modification involves an annuity under this subsection.
For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under section 8339(j)(1) of this title or a similar prior provision of law.
Any payment under this subsection to a person bars recovery by any other person.
As used in this subsection, “court” means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member’s death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if—
the death of the employee or Member was accidental; or
the surviving spouse of such individual had been previously married to the individual and subsequently divorced, and the aggregate time married is at least 9 months.
1 Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
Footnotes
- 1 So in original. No subsec. (j) has been enacted.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 8341
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 577
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 577Pub. L. 91–93 § 206(a) · 83 Stat. 136
Changed · 5 U.S.C. § 8341(d)
Pub. L. 91–93, § 206(a), provided for entitlement to a survivor annuity after an 18 month rather than a 5 year period of civilian service and prescribed as the annuity the smaller of two computations when computing the annuity under section 8399 (a) to (e) and (h) of this title
Source evidence
Code amendment note
Subsec. (d). Pub. L. 91–93, § 206(a), provided for entitlement to a survivor annuity after an 18 month rather than a 5 year period of civilian service and prescribed as the annuity the smaller of two computations when computing the annuity under section 8399 (a) to (e) and (h) of this title.Enacted provision · exact public law section
(a) The first sentence of subsection (d) of section 8341 of title 5, United States Code, is amended to read as follows: "If an employee or Member dies after completing at least 18 months of civilian service, the widow or dependent widower of the employee or Member is entitled to an annuity equal to 55 percent of an annuity 80 Stat. 574; 81 Stat. 642. computed under section 8339 (a)–(e) and (h) of this title as may apply with respect to the employee or Member, except that in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of (i) 40 percent of his average pay, or (ii) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age.”Pub. L. 91–93 § 206(b) · 83 Stat. 136
Substituted · 5 U.S.C. § 8341(e)(1)
Pub. L. 91–93, § 206(b), increased annuity of a surviving child, substituting “eighteen months” for “five years” “$600”, and “$1,800” in cls. (A), (B), and (C), respectively, and “75 percent”, “$1,080”, and “$3,240”, for “50 percent”, “$720”, and “$2,160” in cls. (i), (ii), and (iii), respectively
Substituted · 5 U.S.C. § 8341(e)(1)
Pub. L. 91–93, § 206(b), increased annuity of a surviving child, substituting “$2,700” for “40 percent” “$600”, and “$1,800” in cls. (A), (B), and (C), respectively, and “75 percent”, “$1,080”, and “$3,240”, for “50 percent”, “$720”, and “$2,160” in cls. (i), (ii), and (iii), respectively
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 91–93, § 206(b), increased annuity of a surviving child, substituting “eighteen months” for “five years” of civilian service in par. (1), “60 percent”, “$900”, and “$2,700” for “40 percent”, “$600”, and “$1,800” in cls. (A), (B), and (C), respectively, and “75 percent”, “$1,080”, and “$3,240”, for “50 percent”, “$720”, and “$2,160” in cls. (i), (ii), and (iii), respectively.Enacted provision · exact public law section
(b) Subsection (e)(1) of such section is amended to read as follows: “(e) (1) If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— “(A) 60 percent of the average pay of the employee or Member divided by the number of children; “(B) $900; or “(C) $2,700 divided by the number of children; 81 Stat. 215; Ante, p. 139. subject to section 8340 of this title. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of— “(i) 75 percent of the average pay of the employee or Member divided by the number of children; “(ii) $1,080; or “(iii) $3,240 divided by the number of children; subject to section 8340 of this title.”Pub. L. 91–658 § 3(a) · 84 Stat. 1961
Struck · 5 U.S.C. § 8341(a)(3); 5 U.S.C. § 8341(a)(4)
Pub. L. 91–658, § 3(a), struck out par. (3) which defined “dependent widower”
Redesignated · 5 U.S.C. § 8341(a)(3); 5 U.S.C. § 8341(a)(4)
Pub. L. 91–658, § 3(a), redesignated par. (4) as (3)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 91–658, § 3(a), struck out par. (3) which defined “dependent widower”, and redesignated par. (4) as (3).Enacted provision · exact public law section
(a) Section 8341(a) of title 5, United States Code, is amended— (1) by inserting “and” at the end of paragraph (2)(B); (2) by striking out paragraph (3); and (3) by renumbering paragraph (4) as paragraph (3).Pub. L. 91–658 § 3(b) · 84 Stat. 1961
Amended · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), designated existing first sentence as par. (1)
Inserted · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), inserted exception phrase, provision for survival by widow or widower whom employee or Member marries after retirement, entitlement of widow or widower to 55 percent annuity (limited to 50 percent where retirement before Oct. 11, 1962)
Substituted · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), substituted “any spouse surviving him” for “his spouse”; added par. (2);
Added · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), added par. (3), first sentence, respecting entitlement to survivor annuity by a spouse acquired after retirement upon election from available survivor benefits
Amended · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), designated as second and third sentences former second and third sentences, providing for widows and widowers
Substituted · 5 U.S.C. § 8341(b)
Pub. L. 91–658, § 3(b), substituting “annuitant” for “retired employee or member”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–658, § 3(b), designated existing first sentence as par. (1), and inserted exception phrase, provision for survival by widow or widower whom employee or Member marries after retirement, entitlement of widow or widower to 55 percent annuity (limited to 50 percent where retirement before Oct. 11, 1962), and substituted “any spouse surviving him” for “his spouse”; added par. (2); and added par. (3), first sentence, respecting entitlement to survivor annuity by a spouse acquired after retirement upon election from available survivor benefits, and designated as second and third sentences former second and third sentences, providing for widows and widowers and substituting “annuitant” for “retired employee or member”.Enacted provision · exact public law section
(b) Section 8341(b) of title 5, United States Code, is amended to read as follows: “(b) (1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before October II, 1962, of an annuity computed under section 8339(a)–(h) of this title as 80 Stat. 574; 81 Stat. 214, 642. may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(i) of this title, unless the employee or Member has notified the Commission in writing at the time of retirement that he does not desire any spouse surviving him to receive this annuity. “(2) If an annuitant— “(A) who retired before April 1, 1948; or “(B) who elected a reduced annuity provided in paragraph (2) Ante, p. 1961 of section 8339 (j) of this title; dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the. annuitant been married to the widow or widower at the time of retirement. “(3) A spouse acquired after retirement is entitled to u survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the spouse, widow, or widower under this subsection Termination. commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the spouse, widow, or widower— “(A) dies; or “(B) remarries before becoming 60 years of age.”.Pub. L. 91–658 § 3(c) · 84 Stat. 1961
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 91–658, § 3(c), substituted “his widow or widower” for “the widow or dependent widower of the employee or Member” in first sentence
Struck · 5 U.S.C. § 8341(d)
Pub. L. 91–658, § 3(c), struck out “or dependent” before “widower” in second sentence
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 91–658, § 3(c), substituted in third sentence provision for termination of annuity where widow or widower dies or remarries before becoming 60 years of age for prior termination of annuity before widow or dependent widower dies, the dependent widower becomes capable of self-support, the widow or dependent widower of an employee remarries before becoming 60 years of age, or the widow or dependent widower of a member remarries
Source evidence
Code amendment note
Subsec. (d). Pub. L. 91–658, § 3(c), substituted “his widow or widower” for “the widow or dependent widower of the employee or Member” in first sentence, struck out “or dependent” before “widower” in second sentence, and substituted in third sentence provision for termination of annuity where widow or widower dies or remarries before becoming 60 years of age for prior termination of annuity before widow or dependent widower dies, the dependent widower becomes capable of self-support, the widow or dependent widower of an employee remarries before becoming 60 years of age, or the widow or dependent widower of a member remarries.Enacted provision · exact public law section
(c) Section 8341(d) of title 5, United States Code, is amended to read as follows: “(d) If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339 80 Stat. 574; 81 Stat. 642. 5 USC 8339. (a)–(e) and (h) of this title as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of— “(1) 40 percent of his average pay; or “(2) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age. The annuity of the widow or widower commences on the day after Termination. the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower— “(A) dies; or “(B) remarries before becoming 60 years of age.”.Pub. L. 91–658 § 3(d) · 84 Stat. 1961
Substituted · 5 U.S.C. § 8341(e)(2)
Pub. L. 91–658, § 3(d), substituted reference to “subsection (a)(3)” for “subsection (a)(4)”
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 91–658, § 3(d), substituted reference to “subsection (a)(3)” for “subsection (a)(4)”.Enacted provision · exact public law section
(d) Section 8341(e)(2) of title 5, United States Code, is amended by striking out “subsection (a)(4)” and inserting in lieu thereof “subsection (a)(3)”.Pub. L. 92–243 § 1 · 86 Stat. 56
Added · 5 U.S.C. § 8341(a)(3)(A)
Pub. L. 92–243 added cl. (iii)
Source evidence
Code amendment note
Subsec. (a)(3)(A). Pub. L. 92–243 added cl. (iii).Pub. L. 92–297 § 7(4)(i) · 86 Stat. 141
Substituted · 5 U.S.C. § 8341(c)
Pub. L. 92–297, § 7(4)(i), substituted “section 8339(a)–(i)”, “section 8339(j)”, and “section 8339(k)” for “section 8339(a)–(h)”, “section 8339(i)”, and “section 8339(j)”, respectively
Source evidence
Code amendment note
Subsec. (c). Pub. L. 92–297, § 7(4)(i), substituted “section 8339(a)–(i)”, “section 8339(j)”, and “section 8339(k)” for “section 8339(a)–(h)”, “section 8339(i)”, and “section 8339(j)”, respectively.Enacted provision · exact public law section
(i) by striking out the references “section 8339 (a)–(h)”, “section 8339(i)”, and “section 8339 (j)” in subsection (b), and inserting the references “section 8339 (a)–(i)”, “section 8339 (j)”, and “section 8339(k)” respectively, in place thereof;Pub. L. 92–297 § 7(4)(ii) · 86 Stat. 141
Substituted · 5 U.S.C. § 8341(c)
Pub. L. 92–297, § 7(4)(ii), substituted “section 8339(k)” for “section 8339(j)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 92–297, § 7(4)(ii), substituted “section 8339(k)” for “section 8339(j)”.Enacted provision · exact public law section
(ii) by striking out the reference “section 8339(j)” in subsection (c), and inserting the reference “section 8339(k)” in place thereof; andPub. L. 92–297 § 7(4)(iii) · 86 Stat. 141
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 92–297, § 7(4)(iii), substituted “section 8339(a)–(f) and (i)” for “section 8339(a)–(e) and (h)”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 92–297, § 7(4)(iii), substituted “section 8339(a)–(f) and (i)” for “section 8339(a)–(e) and (h)”.Enacted provision · exact public law section
(iii) by striking out the reference “section 8339 (a)–(e) and (h)” in subsection (d), and inserting the reference “section 8339 (a)–(f) and (i)” in place thereof; andPub. L. 93–260 § 1(a) · [88 Stat. 76]
Substituted · 5 U.S.C. § 8341(a)(1)(A); 5 U.S.C. § 8341(a)(2)(A)
Pub. L. 93–260 substituted “1 year” for “2 years”
Source evidence
Code amendment note
Subsec. (a)(1)(A), (2)(A). Pub. L. 93–260 substituted “1 year” for “2 years”.Enacted provision · exact public law section
(1) by deleting “greater” and inserting “greatest” in place thereof;Pub. L. 94–183 § 2(36) · 89 Stat. 1057
Substituted · 5 U.S.C. § 8341(c)
Pub. L. 94–183 substituted “8339(k)(1)” for “8339(k)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–183 substituted “8339(k)(1)” for “8339(k)”.Enacted provision · exact public law section
(36) In section 8341(c) strike out “8339(k)” and insert “8339(k)(1)” in place thereof;Pub. L. 95–317 § 1(b) · 92 Stat. 382
Inserted · 5 U.S.C. § 8341(b)(1)
Pub. L. 95–317 inserted provisions relating to failure to file an election under section 8339(j) of this title in the case of remarriage
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–317 inserted provisions relating to failure to file an election under section 8339(j) of this title in the case of remarriage.Enacted provision · exact public law section
(1) the first day of the first month which begins on or after the date of the enactment of this Act, orPub. L. 95–318 § 2 · 92 Stat. 384
Struck · 5 U.S.C. § 8341(g)
Pub. L. 95–318 struck out “after July 18, 1966,” after “terminated”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 95–318 struck out “after July 18, 1966,” after “terminated”.Enacted provision · exact public law section
Sec. 2. Section 8341(g) of title 5, United States Code, is amended by striking out “after July 18, 1966,”.Pub. L. 95–454 § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8341(a)(3)
Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;Pub. L. 95–454 § 906(a)(3) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8341(b)(1)
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.Enacted provision · exact public law section
(3) in sections 1302, 1304, 1308, 2951, 3304a, 3308, 3312, 3317b, 3318, 3324, 3351, 3363, 3504, 4106, 4113–4115, 4117, 4118, 5105, 5107, 5110–5112, 5114, 5333, 5343, 5346, 5545, 5548, 5723, 6304, 6405, 7312, 8331, 8332, 8337, 8339-8343, 8345, 8346, 8347(a)–(c) and (e)–(h) , 8348, 8702, 8704–8707, 8709–8712, 8714a, 8716,8901–8903, 8905, 8907, 8909, 8910, and 8913 (as such sections are amended in paragraph (2) of this subsection), by striking out “Commission” each place it appears and inserting in lieu thereof “Office”;Pub. L. 95–454 § 906(a)(3) · 92 Stat. 1111
Substituted · 5 U.S.C. § 8341(f)(2)
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”
Source evidence
Code amendment note
Subsec. (f)(2). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.Enacted provision · exact public law section
(3) in sections 1302, 1304, 1308, 2951, 3304a, 3308, 3312, 3317b, 3318, 3324, 3351, 3363, 3504, 4106, 4113–4115, 4117, 4118, 5105, 5107, 5110–5112, 5114, 5333, 5343, 5346, 5545, 5548, 5723, 6304, 6405, 7312, 8331, 8332, 8337, 8339-8343, 8345, 8346, 8347(a)–(c) and (e)–(h) , 8348, 8702, 8704–8707, 8709–8712, 8714a, 8716,8901–8903, 8905, 8907, 8909, 8910, and 8913 (as such sections are amended in paragraph (2) of this subsection), by striking out “Commission” each place it appears and inserting in lieu thereof “Office”;Pub. L. 95–598 § 338(c)(1) · 92 Stat. 2549
Inserted · 5 U.S.C. § 8341(b)(1)
Pub. L. 95–598, § 338(c)(1), inserted reference to subsec. (o) of section 8339 of this title
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 95–598, § 338(c)(1), inserted reference to subsec. (o) of section 8339 of this title.Enacted provision · exact public law section
(1) by inserting in subsection (b)(1), immediately after “section 8339(a)–(i)”, the following: “and (o)”; andPub. L. 95–598 § 338(c)(2) · 92 Stat. 2549
Inserted · 5 U.S.C. § 8341(d)
Pub. L. 95–598, § 338(c)(2), inserted reference to subsec. (o) of section 8339 of this title
Source evidence
Code amendment note
Subsec. (d). Pub. L. 95–598, § 338(c)(2), inserted reference to subsec. (o) of section 8339 of this title.Enacted provision · exact public law section
(2) by striking out of subsection (d) “section 8339(a)–(f) and (i)” and insert in lieu thereof the following: “section 8339 (a)–(f),(i), and (o)”.Pub. L. 96–179 § 1(1) · 93 Stat. 1299
Struck · 5 U.S.C. § 8341(a)(2)(B)
Pub. L. 96–179, § 1(1), struck out “and” after “marriage;”
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 96–179, § 1(1), struck out “and” after “marriage;”.Enacted provision · exact public law section
(1) by striking out “and” at the end of paragraph (2),Pub. L. 96–179 § 1(2) · 93 Stat. 1299
Redesignated · 5 U.S.C. § 8341(a)(3)
Pub. L. 96–179, § 1(2), added par. (3). Former par. (3) redesignated (4)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 96–179, § 1(2), added par. (3). Former par. (3) redesignated (4).Enacted provision · exact public law section
(1) by striking out “and” at the end of paragraph (2),Pub. L. 96–179 § 1(3) · 93 Stat. 1299
Redesignated · 5 U.S.C. § 8341(a)(4)
Pub. L. 96–179, § 1(3), redesignated former par. (3) as (4)
Substituted · 5 U.S.C. § 8341(a)(4)
Pub. L. 96–179, § 1(3), substituted “unmarried dependent child” for “unmarried child” wherever appearing in subpars. (A), (B), and (C)
Substituted · 5 U.S.C. § 8341(a)(4)
Pub. L. 96–179, § 1(3), substituted “but only if the stepchild” for “or recognized natural child who” in subpar. (A)(ii)
Inserted · 5 U.S.C. § 8341(a)(4)
Pub. L. 96–179, § 1(3), inserted “a recognized natural child, and (iv)” after “(iii)”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 96–179, § 1(3), redesignated former par. (3) as (4), substituted “unmarried dependent child” for “unmarried child” wherever appearing in subpars. (A), (B), and (C), substituted “but only if the stepchild” for “or recognized natural child who” in subpar. (A)(ii), and inserted “a recognized natural child, and (iv)” after “(iii)”.Enacted provision · exact public law section
(1) by striking out “and” at the end of paragraph (2),Pub. L. 98–353 title I § 112 · 98 Stat. 333
Substituted · 5 U.S.C. § 8341(b)(1)
Pub. L. 98–353 substituted “and (n)” for “and (o)”
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 98–353 substituted “and (n)” for “and (o)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 98–353 substituted “and (n)” for “and (o)”.Enacted provision · exact public law section
Sec. 112. Subsections (f), (j), (k), (1), and (m) of section 8339, subsections (b)(1) and (d) of section 8341, and section 8344(a)(A) of title 5, United States Code, are each amended by striking out “and (o)” and inserting in lieu thereof “and (n)”.Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(A) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(a)(1)(A); 5 U.S.C. § 8341(a)(2)(A)
Pub. L. 98–615, § 2(4)(A), substituted “9 months” for “1 year”
Source evidence
Code amendment note
Subsec. (a)(1)(A), (2)(A). Pub. L. 98–615, § 2(4)(A), substituted “9 months” for “1 year”.Enacted provision · exact public law section
(A) in paragraphs (1)(A) and (2)(A) of subsection (a), by striking out “1 year” and inserting in lieu thereof “9 months”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(B)(i) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(b)(1)
Pub. L. 98–615, § 2(4)(B)(i), substituted “by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962)” for “by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before October 11, 1962”
Substituted · 5 U.S.C. § 8341(b)(1)
Pub. L. 98–615, § 2(4)(B)(i), substituted “section 8339(j)(1) of this title, unless the right to a survivor annuity was waived under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title, as the case may be” for “section 8339(j) of this title, unless the employee or Member has notified the Office in writing at the time of retirement that he does not desire any spouse surviving him to receive his annuity, or in the case of remarriage, he did not file an election under the third sentence of section 8339(j) of this title”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–615, § 2(4)(B)(i), substituted “by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962)” for “by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before October 11, 1962” and “section 8339(j)(1) of this title, unless the right to a survivor annuity was waived under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title, as the case may be” for “section 8339(j) of this title, unless the employee or Member has notified the Office in writing at the time of retirement that he does not desire any spouse surviving him to receive his annuity, or in the case of remarriage, he did not file an election under the third sentence of section 8339(j) of this title”.Enacted provision · exact public law section
(i) by amending paragraph (1) to read as follows: “(b) (1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962) of an annuity computed under section 8339(a)–(i) and (n) of this title as may apply with respect to the 5 USC 8339. annuitant, or of such portion thereof as may have been designated for this purpose under section 8339(j)(1) of this title, unless the right Ante, p. 3195. to a survivor annuity was waived under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title, Ante, p. 3195. as the case may be.”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(B)(ii) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(b)(3)
Pub. L. 98–615, § 2(4)(B)(ii), substituted “widow or widower” for “spouse, widow, or widower” wherever appearing in provisions preceding subpar. (A)
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 98–615, § 2(4)(B)(ii), substituted “widow or widower” for “spouse, widow, or widower” wherever appearing in provisions preceding subpar. (A).Enacted provision · exact public law section
(ii) in the second and third sentences of paragraph (3) by striking out “spouse, widow,” each place it appears and inserting in lieu thereof “widow”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(B)(iii) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(b)(3)(B)
Pub. L. 98–615, § 2(4)(B)(iii), substituted “55 years of age” for “60 years of age”
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 98–615, § 2(4)(B)(iii), substituted “55 years of age” for “60 years of age”.Enacted provision · exact public law section
(iii) by striking out “60 years of age” at the end of paragraph (3) and inserting in lieu thereof “55 years of age”; andCivil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(B)(iv) · 98 Stat. 3195
Added · 5 U.S.C. § 8341(b)(4)
Pub. L. 98–615, § 2(4)(B)(iv), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 98–615, § 2(4)(B)(iv), added par. (4).Enacted provision · exact public law section
(iv) by adding at the end thereof the following new paragraph: “(4) Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between— “(A) the amount which would otherwise be payable to such widow or widower under this subsection (determined without regard to any waiver or designation under section 8339(j)(1) of this title or a prior similar provision of law), and “(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(C)(i) · 98 Stat. 3195
Inserted · 5 U.S.C. § 8341(d)
Pub. L. 98–615, § 2(4)(C)(i), inserted provision that the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between the amount which would otherwise be payable to such widow or widower under this subsection and the amount of the survivor annuity payable to any former spouse of such employee or Member under subsec. (h)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 98–615, § 2(4)(C)(i), inserted provision that the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between the amount which would otherwise be payable to such widow or widower under this subsection and the amount of the survivor annuity payable to any former spouse of such employee or Member under subsec. (h).Enacted provision · exact public law section
(i) by inserting after the first sentence the following: “Notwithstanding the preceding sentence, the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between— “(A) the amount which would otherwise be payable to such widow or widower under this subsection, and “(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.”; andCivil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(C)(ii) · 98 Stat. 3195
Redesignated · 5 U.S.C. § 8341(d)(i)
Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (A) as cl. (i)
Source evidence
Code amendment note
Subsec. (d)(i). Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (A) as cl. (i).Enacted provision · exact public law section
(ii) in the last sentence, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by striking out “60 years of age” and inserting in lieu thereof “55 years of age”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(C)(ii) · 98 Stat. 3195
Redesignated · 5 U.S.C. § 8341(d)(ii)
Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (B) as cl. (ii)
Substituted · 5 U.S.C. § 8341(d)(ii)
Pub. L. 98–615, § 2(4)(C)(ii), substituted “55 years of age” for “60 years of age”
Source evidence
Code amendment note
Subsec. (d)(ii). Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (B) as cl. (ii) and substituted “55 years of age” for “60 years of age”.Enacted provision · exact public law section
(ii) in the last sentence, by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and by striking out “60 years of age” and inserting in lieu thereof “55 years of age”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(D)(i) · 98 Stat. 3195
Inserted · 5 U.S.C. § 8341(e)(1)
Pub. L. 98–615, § 2(4)(D)(i), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member” in provisions preceding subpar. (A) and following subpar. (C)
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 98–615, § 2(4)(D)(i), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member” in provisions preceding subpar. (A) and following subpar. (C).Enacted provision · exact public law section
(i) in paragraph (1), by inserting “or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member” after “survived by a spouse” each place it appears; andCivil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(D)(ii) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(e)(2)
Pub. L. 98–615, § 2(4)(D)(ii), substituted “surviving spouse or former spouse” for “surviving spouse” in provisions following subpar. (E)
Substituted · 5 U.S.C. § 8341(e)(2)
Pub. L. 98–615, § 2(4)(D)(ii), substituted “spouse, former spouse, or child” for “spouse or child” in provisions following subpar. (E)
Source evidence
Code amendment note
Subsec. (e)(2). Pub. L. 98–615, § 2(4)(D)(ii), substituted “surviving spouse or former spouse” for “surviving spouse” and “spouse, former spouse, or child” for “spouse or child” in provisions following subpar. (E).Enacted provision · exact public law section
(ii) by amending the last sentence of paragraph (2) to read as follows: “On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the employee or Member.”;Civil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(E) · 98 Stat. 3195
Inserted · 5 U.S.C. § 8341(f)
Pub. L. 98–615, § 2(4)(E), inserted provision that an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between the annuity which would otherwise be payable to such surviving spouse under this subsection and the amount of the survivor annuity payable to any former spouse of such Member under subsec. (h) of this section in provisions following par. (2)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 98–615, § 2(4)(E), inserted provision that an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between the annuity which would otherwise be payable to such surviving spouse under this subsection and the amount of the survivor annuity payable to any former spouse of such Member under subsec. (h) of this section in provisions following par. (2).Enacted provision · exact public law section
(E) in subsection (f) by inserting after paragraph (2) the following: “Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between— “(A) the annuity which would otherwise be payable to such surviving spouse under this subsection, and “(B) the amount of the survivor annuity payable to any former spouse of such Member under subsection (h) of this section.”; andCivil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(F) · 98 Stat. 3195
Substituted · 5 U.S.C. § 8341(g)
Pub. L. 98–615, § 2(4)(F), substituted “55 years of age” for “60 years of age” in provisions preceding par. (1)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 98–615, § 2(4)(F), substituted “55 years of age” for “60 years of age” in provisions preceding par. (1).Enacted provision · exact public law section
(F) in subsection (g) by striking out “60 years of age” and inserting in lieu thereof “55 years of age”; andCivil Service Retirement Spouse Equity Act of 1984
Pub. L. 98–615 § 2(4)(G) · 98 Stat. 3195
Added · 5 U.S.C. § 8341(h); 5 U.S.C. § 8341(i)
Pub. L. 98–615, § 2(4)(G), added subsecs. (h) and (i)
Source evidence
Code amendment note
Subsecs. (h), (i). Pub. L. 98–615, § 2(4)(G), added subsecs. (h) and (i).Enacted provision · exact public law section
(G) by adding at the end thereof the following new subsections: “(h) (1) Subject to paragraphs (2) through (5) of this subsection, a former spouse of a deceased employee. Member, or annuitant is entitled to a survivor annuity under this subsection, if and to the Ante, p. 3195. extent expressly provided for in an election under section 8339(j)(3) of this title, or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree. “(2) (A) The annuity payable to a former spouse under this subsection may not exceed the difference between— “(i) the amount applicable in the case of such former spouse, as determined under subparagraph (B) of this paragraph, and “(ii) the amount of any annuity payable under this subsection to any other former spouse of the employee, Member, or annuitant, based on an election previously made under section 8339(j)(3) of this title, or a court order previously issued. “(B) The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable— “(i) under subsection (b)(4)(A) of this section in the case of a widow or widower, if the deceased was an employee or Member who died after retirement; “(ii) under subparagraph (A) of subsection (d) of this section in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or “(iii) under subparagraph (A) of subsection (f) of this section in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection. “(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applica-ble order, decree, agreement, or election, as the case may be, except that any such annuity— “(A) shall not commence before— “(i) the day after the employee, Member, or annuitant dies, or “(ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe, whichever is later, and “(B) shall terminate— “(i) in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of this subsection, no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies; or “(ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies. “(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective— “(A) if such modification is made after the retirement of the employee or Member concerned, and “(B) to the extent that such modification involves an annuity under this subsection. “(5) For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under section 8339(j)(1) of this title or a similar prior provision of law. Ante, p. 3195. “(6) Any payment under this subsection to a person bars recovery by any other person. “(7) As used in this subsection, ‘court’ means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court. “(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member’s death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if— “(1) the death of the employee or Member was accidental; or “(2) the surviving spouse of such individual had been previously married to the individual and subsequently divorced, and the aggregate time married is at least 9 months.”;Federal Employees Benefits Improvement Act of 1986
Pub. L. 99–251 § 205 · 100 Stat. 14
Added · 5 U.S.C. § 8341(e)
Pub. L. 99–251, § 205, added par. (1)
Redesignated · 5 U.S.C. § 8341(e)
Pub. L. 99–251, § 205, redesignated existing pars. (1) and (2) as (2) and (3), respectively, and in par. (2) as redesignated substituted “that surviving child” for “each surviving child” in two places
Source evidence
Code amendment note
Subsec. (e). Pub. L. 99–251, § 205, added par. (1), redesignated existing pars. (1) and (2) as (2) and (3), respectively, and in par. (2) as redesignated substituted “that surviving child” for “each surviving child” in two places.Enacted provision · exact public law section
SEC. 205. SURVIVOR BENEFITS FOR CHILDREN. (a) Equitable Survivor Annuities for Surviving Children.— Section 8341(e) of title 5, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and (2) by inserting before paragraph (2), as redesignated by clause (1), the following new paragraph: “(1) For the purposes of this subsection, ‘former spouse’ includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter.”. (b) Individual Determination of Survivor Annuity Amount.— Section 8341(e)(2) of title 5, United States Code, as redesignated by subsection (a)(1) of this section, is amended by striking out “each surviving child” both times it appears and inserting in lieu thereof “that surviving child”.Federal Employees Benefits Improvement Act of 1986
Pub. L. 99–251 § 206 · 100 Stat. 14
Substituted · 5 U.S.C. § 8341(h)(1)
Pub. L. 99–251, § 206, substituted “annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title” for “or annuitant”
Source evidence
Code amendment note
Subsec. (h)(1). Pub. L. 99–251, § 206, substituted “annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title” for “or annuitant”.Enacted provision · exact public law section
SEC. 206. DEFERRED ANNUITIES FOR FORMER SPOUSES OF FORMER MEMBERS OF CONGRESS. Section 8341(h)(1) of title 5, United States Code, is amended by striking out “or annuitant” and inserting in lieu thereof “annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title”. 5 USC 8338.Federal Employees Benefits Improvement Act of 1986
Pub. L. 99–251 § 207 · 100 Stat. 14
Inserted · 5 U.S.C. § 8341(h)(4)(A)
Pub. L. 99–251, § 207, inserted “or death” after “retirement”
Source evidence
Code amendment note
Subsec. (h)(4)(A). Pub. L. 99–251, § 207, inserted “or death” after “retirement”.Enacted provision · exact public law section
SEC. 207. CHANGES IN COURT ORDERS AFTER DEATH. Section 8341(h)(4)(A) of title 5, United States Code, is amended by inserting “or death” after “retirement”.Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 title XV § 15204(a)(2) · 100 Stat. 82
Substituted · 5 U.S.C. § 8341(b)(1); 5 U.S.C. § 8341(b)(d)
Pub. L. 99–272 substituted “, (n) and (o)” for “and (n)” in subsec. (d)
Substituted · 5 U.S.C. § 8341(b)(1); 5 U.S.C. § 8341(b)(d)
Pub. L. 99–272 substituted “(n), and (o)” for “and (n)” in subsec. (d)
Source evidence
Code amendment note
Subsecs. (b)(1), (d). Pub. L. 99–272 substituted “, (n) and (o)” for “and (n)” in subsec. (b)(1), and “(n), and (o)” for “and (n)” in subsec. (d).Enacted provision · exact public law section
(2) Section 8341 of such title is amended— 5 USC 8341. (A) by striking out “and (n)” in subsection (b)(1) and inserting in lieu thereof “, (n), and (o)”; and (B) by striking out “and (n)” in subsection (d) and inserting in Lieu thereof “(n), and (o)”,Capitol Police Retirement Act
Pub. L. 101–428 § 2(d)(7) · 104 Stat. 928
Substituted · 5 U.S.C. § 8341(b)(1); 5 U.S.C. § 8341(b)(d)
Pub. L. 101–428 substituted “(n), (o), and (q)” for “(n), and (o)”
Source evidence
Code amendment note
Subsecs. (b)(1), (d). Pub. L. 101–428 substituted “(n), (o), and (q)” for “(n), and (o)”.Enacted provision · exact public law section
(7) Subsections (b)(1) and (d) of section 8341 are each amended by striking “(n), and (o)” and inserting “(n), (o), and (q)”.Technical and Miscellaneous Civil Service Amendments Act of 1992
Pub. L. 102–378 § 2(63) · 106 Stat. 1346
Substituted · 5 U.S.C. § 8341(b)(1); 5 U.S.C. § 8341(b)(d)
Pub. L. 102–378 substituted “(p),” for “(o),”
Source evidence
Code amendment note
Subsecs. (b)(1), (d). Pub. L. 102–378 substituted “(p),” for “(o),”.Enacted provision · exact public law section
(63) in section 8341 in subsections (b)(1) and (d) by striking “(o),” and inserting “(p),”;Amber Hagerman Child Protection Act of 1996
Pub. L. 104–208 div. A title I § 101(f)(tVI)(s633)(a)(1) · 110 Stat. 3009
Added · 5 U.S.C. § 8341(e)(4)
Pub. L. 104–208 added par. (4)
Source evidence
Code amendment note
Subsec. (e)(4). Pub. L. 104–208 added par. (4).Enacted provision · exact public law section
Sec. 101. (a) For programs, projects or activities in the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1997, provided as follows, to be effective as if it had been enacted into law as the regular appropriations Act:Pub. L. 105–61 § 516(a)(4) · 111 Stat. 1272
Substituted · 5 U.S.C. § 8341(b)(1)
Pub. L. 105–61, § 516(a)(4), substituted “(q), and (r)” for “and (q) of this title”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 105–61, § 516(a)(4), substituted “(q), and (r)” for “and (q) of this title”.Enacted provision · exact public law section
(4) in section 8341(b)(1) and (d) by striking “and (q) of this title” each place it appears and inserting “(q), and (r)”;Pub. L. 105–61 § 518(a)(2)(A) · 111 Stat. 1272
Substituted · 5 U.S.C. § 8341(b)(3)(B)
Pub. L. 105–61, § 518(a)(2)(A), substituted “except as provided in subsection (k), remarries” for “remarries”
Source evidence
Code amendment note
Subsec. (b)(3)(B). Pub. L. 105–61, § 518(a)(2)(A), substituted “except as provided in subsection (k), remarries” for “remarries”.Enacted provision · exact public law section
(A) in subsections (b)(3)(B) and (d)(ii) by striking “remarries” and inserting “except as provided in subsection (k), remarries”; andPub. L. 105–61 title V · 111 Stat. 1272
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 105–61, §§ 516(a)(4), 518(a)(2)(A), substituted “(q), and (r)” for “and (q) of this title” in cl. (ii)
Substituted · 5 U.S.C. § 8341(d)
Pub. L. 105–61, §§ 516(a)(4), 518(a)(2)(A), substituted “except as provided in subsection (k), remarries” for “remarries” in cl. (ii)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–61, §§ 516(a)(4), 518(a)(2)(A), substituted “(q), and (r)” for “and (q) of this title” in introductory provisions and “except as provided in subsection (k), remarries” for “remarries” in cl. (ii).Enacted provision · exact public law
TITLE V— GENERAL PROVISIONS This Act Sec. 501. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 502. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 503. None of the funds made available by this Act shall be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to a Government employee would result in a decision, determination, rule, regulation, or policy that would prohibit the enforcement of section 307 of the Tariff Act of 1930. Sec. 504. None of the funds made available by this Act shall be available in fiscal year 1998, for the purpose of transferring control over the Federal Law Enforcement Training Center located at Glynco, Georgia, and Artesia, New Mexico, out of the Department of the Treasury. Sec. 505. The Office of Personnel Management may, during the fiscal year ending September 30, 1998, and hereafter, accept donations of supplies, services, land, and equipment for the Federal Executive Institute and Management Development Centers to assist in enhancing the quality of Federal management. Sec. 506. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his period of active military or naval service, and has within 90 days after his release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his former position and has not been restored thereto. Sec. 507. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a–10c, popularly known as the “Buy American Act”). Sec. 508. (a) Purchase of American-Made Equipment and Products.— In the case of any equipment or products that may be authorized to be purchased with financial assistance provided under this Act, it is the sense of the Congress that entities receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. (b) Notice to Recipients of Assistance.— In providing financial assistance under this Act, the Secretary of the Treasury shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress. Sec. 509. If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or snipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 510. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 1998 from appropriations made available for salaries and expenses for fiscal year 1998 in this Act, shall remain available through September 30, 1999, for each such account for the purposes authorized: Provided, That a request shall be submitted to the House and Senate Committees on Appropriations for approval prior to the expenditure of such funds: Provided further, That these requests shall be made in compliance with reprogramming guidelines. Sec. 511. None of the funds made available in this Act may be used by the Executive Office of the President to request from the Federal Bureau of Investigation any official background investigation report on any individual, except when it is made known to the Federal official having authority to obligate or expend such funds that— (1) such individual has given his or her express written consent for such request not more than 6 months prior to the date of such request and during the same presidential administration; or (2) such request is required due to extraordinary circumstances involving national security. Sec. 512. (a) Prohibiting Reappointment of Members of Federal Election Commission.— Section 306(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is amended by striking “for terms of 6 years” and inserting “for a single term of 6 years”. (b) Applicability.— The amendment made by subsection (a) 2 USC 437c note. shall apply with respect to individuals nominated by the President to be members of the Federal Election Commission after December 31, 1997. Sec. 513. No funds appropriated by this Act shall be available to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal employees health benefit program which provides any benefits or coverage for abortions. Sec. 514. The provision of section 513 shall not apply where the life of the mother would be endangered if the fetus were carried to term, or the pregnancy is the result of an act of rape or incest. Sec. 515. Section 1 under the subheading “General Provision” under the heading “Office of Personnel Management” under title IV of the Treasury, Postal Service and General Government Appropriations Act, 1992 (Public Law 102–141; 105 Stat. 861; 5 U.S.C. 5941 note), as amended by section 532 of the Treasury, Postal Service and General Government Appropriations Act, 1995 (Public Law 103–329; 108 Stat. 2413), and by section 5 under the heading “General Provisions—Office of Personnel Management” under title IV of the Treasury, Postal Service, and General Government Appropriations Act, 1996 (Public Law 10452; 109 Stat. 490), is further amended by striking “1998” both places it appears and inserting “2000”. Sec. 516. (a) Title 5, United States Code, is amended— (1) in section 8334 by adding at the end the following new subsection: “(m) A Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, or the survivor of such a Member, may deposit to the credit of the Fund an amount equal to the difference between the amount deducted from the basic pay of the Member during that period of service and the amount that would have been deducted if the rate of basic pay which would otherwise have been in effect during that period had been in effect, plus interest computed under subsection (e).”; (2) in section 8337(a) by striking “or (q)” and inserting “(q), or (r)”; (3) in section 8339— (A) in subsections (f) and (i) through (m) by striking “and (q) of this section” and “and (q)” each time either appears and inserting “(q), and (r)”; (B) in subsection (g) by striking “or (q) of this section” each time it appears and inserting “(q), or (r)”; and (C) by adding at the end the following new subsection: “(r) The annuity of a Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8334(m), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.”; (4) in section 8341(b)(1) and (d) by striking “and (q) of this title” each place it appears and inserting “(q), and (r)”; (5) in section 8334a(c) by striking “and (q) of section 8339 of this title” and inserting “(q), and (r) of section 8339”; (6) in section 8344(a)(A) by striking “and (q) of this title” and inserting “(q), and (r)”; (7) in section 8415 by adding at the end the following new subsection: “(h) The annuity of a Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8422(g), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.”. (8) in section 8422 by adding at the end the following new subsection: “(g) A Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, or the survivor of such a Member, may deposit to the credit of the Fund an amount equal to the difference between the amount deducted from the basic pay of the Member during that period of service and the amount that would have been deducted if the rate of basic pay which would otherwise have been in effect during that period had been in effect, plus interest computed under section 8334(e).”; and (9) in section 8468 by striking “through (f)” and inserting “through (g)”. (b) The amendments made by subsection (a) shall be applicable Applicability. Effective date. 5 USC 8334a. to any annuity commencing before, on, or after the date of enactment of this Act, and shall be effective with regard to any payment made after the first month following the date of enactment. Sec. 517. (a) Section 5948 of title 5, United States Code, is amended— (1) in subsection (d) by striking the second sentence and inserting the following: “No agreement shall be entered into under this section later than September 30, 2000, nor shall any agreement cover a period of service extending beyond September 30, 2002.”; and (2) in subsection (j)(2)(A) by striking “September 30, 1997” and inserting “September 30, 2000”. (b) Section 3 of the Federal Physicians Comparability Allowance Act of 1978 (5 U.S.C. 5948 note) is amended by striking “September 30, 1999” and inserting “September 30, 2002”. (c) The amendments made by this section shall take effect Effective date. 5 USC 5948 note. on the date of enactment of this Act. Sec. 518. (a) (1) Section 8341 of title 5, United States Code, is amended by adding at the end the following: “(k) (1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. “(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.”. (2) Such section 8341 is further amended— (A) in subsections (b)(3)(B) and (d)(ii) by striking “remarries” and inserting “except as provided in subsection (k), remarries”; and (B) in subsection (h)(3)(B)(i) by striking “in” and inserting “except as provided in subsection (k), in”. (b) (1) (A) Section 8442(d) of title 5, United States Code, is amended by adding at the end the following: “(3) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based.”. (B) Subsection (d)(1)(B) of such section 8442 is amended by striking “remarries” and inserting “except as provided in paragraph (3), remarries”. (2) (A) Section 8445 of title 5, United States Code, is amended by adding at the end the following: “(h) (1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. “(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify m order to carry out the purposes of this subsection.”. (B) Subsection (c)(2) of such section 8445 is amended by striking “shall” and inserting “except as provided in subsection (h), shall”. (c) The amendments made by this section shall apply with respect to remarriages occurring on or after January 1, 1995.Pub. L. 105–61 § 518(a)(2)(B) · 111 Stat. 1272
Substituted · 5 U.S.C. § 8341(h)(3)(B)(i)
Pub. L. 105–61, § 518(a)(2)(B), substituted “except as provided in subsection (k), in” for “in”
Source evidence
Code amendment note
Subsec. (h)(3)(B)(i). Pub. L. 105–61, § 518(a)(2)(B), substituted “except as provided in subsection (k), in” for “in”.Enacted provision · exact public law section
(B) in subsection (h)(3)(B)(i) by striking “in” and inserting “except as provided in subsection (k), in”.Pub. L. 105–61 § 518(a)(1) · 111 Stat. 1272
Added · 5 U.S.C. § 8341(k)
Pub. L. 105–61, § 518(a)(1), added subsec. (k)
Source evidence
Code amendment note
Subsec. (k). Pub. L. 105–61, § 518(a)(1), added subsec. (k).Enacted provision · exact public law section
(1) Section 8341 of title 5, United States Code, is amended by adding at the end the following: “(k) (1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. “(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.”.Pub. L. 106–553 § 1(a)(2)(tIII)(s308)(h)(7) · 114 Stat. 2762
Substituted · 5 U.S.C. § 8341(b)(1); 5 U.S.C. § 8341(b)(d)
Pub. L. 106–553 substituted “(q), (r), and (s)” for “(q), and (r)”
Source evidence
Code amendment note
Subsecs. (b)(1), (d). Pub. L. 106–553 substituted “(q), (r), and (s)” for “(q), and (r)”.Enacted provision · exact public law section
(2) H.R. 5548, as introduced on October 25, 2000.Effective date note
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on Dec. 21, 2000, and applicable only to an individual who is employed as a member of the Supreme Court Police after Dec. 21, 2000, see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.
65 of 69 references resolved to an enrolled provision · 4 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| (a) | 5 U.S.C. 2251(h)–(j). | July 31, 1956, ch. 804, § 401 “Sec. 1(h)–(j)”, 70 Stat. 744.Oct. 11, 1962, Pub. L. 87–793, § 1103(f)(A), 76 Stat. 871. |
| (b)–(f) | 5 U.S.C. 2260. | July 31, 1956, ch. 804, § 401 “Sec. 10”, 70 Stat. 754. |
| Aug. 27, 1958, Pub. L. 85–772, § 1(b), (c), 72 Stat. 930. | ||
| Sept. 6, 1960, Pub. L. 86–713, § 1(a), 74 Stat. 813. | ||
| Oct. 11, 1962, Pub. L. 87–793, § 1103 (less (a) and (f)(A)), 76 Stat. 870, 871. | ||
In subsection (b), the words “designated for this purpose under section 8339(i) of this title” are substituted for “designated in writing for such purpose by the employee or Member at the time of retirement” in view of the provisions of section 8339(i).
In subsection (f), the words “heretofore or hereafter” are substituted “either prior to, on, or after the effective date of the Civil Service Retirement Act Amendments of 1956”.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
historicalAndRevision
| 1967 Act | ||
|---|---|---|
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 8341(a)(4) | 5 App.: 2251(j) (less last sentence). | Apr. 25, 1966, Pub. L. 89–407, § 1 (words before 1st comma), 80 Stat. 131.July 18, 1966, Pub. L. 89–504, § 502, 80 Stat. 300. |
| 8341(b) (last sentence) | 5 App.: 2260(a)(2). | July 18, 1966, Pub. L. 89–504, § 506(a), 80 Stat. 301. |
| 8341(d) (last sentence) | 5 App.: 2260(c) (last sentence). | July 18, 1966, Pub. L. 89–504, § 506(b), 80 Stat. 301. |
| 8341(e) | 5 App.: 2260(d). | July 18, 1966, Pub. L. 89–504, § 506(c), 80 Stat. 301. |
| 8341(g) | 5 App.: 2260(f). | July 18, 1966, Pub. L. 89–504, § 506(d), 80 Stat. 302. |
In subsection (a)(4), the words “for the purposes of section 10(d)” are omitted as covered by the words “For the purpose of this section.”
In clause (2) of the last sentence of subsection (b), the word “retired” is inserted before “Member” for clarity and to conform to the penultimate sentence and clause (1) of the last sentence.
In subsection (e), the words “any lump sum paid” are substituted for “the lump-sum credit, if paid” for clarity and consistency with subsection (g)(2).
In subsection (e)(2)(C), the words “capable of self-support” are substituted for “not incapable of self-support.”
In subsection (g), the words “after ” are substituted for “hereafter.” In clause (1), the word “he” is substituted for “he or she” on authority of 1 U.S.C. 1. The words “another retirement system for Government employees” are substituted for “any other retirement system established for employees of the Government” for consistency with section 8101(1)(ii).
Editorial Notes
References in Text
The Act of , as amended from and after , referred to in subsec. (e)(3), is the predecessor of section 8338 of this title.
Amendments1969–2000 · 14 rounds
2000
Subsecs. (b)(1), (d). Pub. L. 106–553 substituted “(q), (r), and (s)” for “(q), and (r)”.
1997
Subsec. (b)(1). Pub. L. 105–61, § 516(a)(4), substituted “(q), and (r)” for “and (q) of this title”.
Subsec. (b)(3)(B). Pub. L. 105–61, § 518(a)(2)(A), substituted “except as provided in subsection (k), remarries” for “remarries”.
Subsec. (d). Pub. L. 105–61, §§ 516(a)(4), 518(a)(2)(A), substituted “(q), and (r)” for “and (q) of this title” in introductory provisions and “except as provided in subsection (k), remarries” for “remarries” in cl. (ii).
Subsec. (h)(3)(B)(i). Pub. L. 105–61, § 518(a)(2)(B), substituted “except as provided in subsection (k), in” for “in”.
Subsec. (k). Pub. L. 105–61, § 518(a)(1), added subsec. (k).
1996
Subsec. (e)(4). Pub. L. 104–208 added par. (4).
1992
Subsecs. (b)(1), (d). Pub. L. 102–378 substituted “(p),” for “(o),”.
1990
Subsecs. (b)(1), (d). Pub. L. 101–428 substituted “(n), (o), and (q)” for “(n), and (o)”.
1986
Subsecs. (b)(1), (d). Pub. L. 99–272 substituted “, (n) and (o)” for “and (n)” in subsec. (b)(1), and “(n), and (o)” for “and (n)” in subsec. (d).
Subsec. (e). Pub. L. 99–251, § 205, added par. (1), redesignated existing pars. (1) and (2) as (2) and (3), respectively, and in par. (2) as redesignated substituted “that surviving child” for “each surviving child” in two places.
Subsec. (h)(1). Pub. L. 99–251, § 206, substituted “annuitant, or former Member who was separated from the service with title to a deferred annuity under section 8338(b) of this title” for “or annuitant”.
Subsec. (h)(4)(A). Pub. L. 99–251, § 207, inserted “or death” after “retirement”.
1984
Subsec. (a)(1)(A), (2)(A). Pub. L. 98–615, § 2(4)(A), substituted “9 months” for “1 year”.
Subsec. (b)(1). Pub. L. 98–615, § 2(4)(B)(i), substituted “by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before )” for “by a spouse to whom he was married at the time of retirement, or by a widow or widower whom he married after retirement, the spouse, widow, or widower is entitled to an annuity equal to 55 percent, or 50 percent if retired before ” and “section 8339(j)(1) of this title, unless the right to a survivor annuity was waived under such section 8339(j)(1) or, in the case of remarriage, the employee or Member did not file an election under section 8339(j)(5)(C) or section 8339(k)(2) of this title, as the case may be” for “section 8339(j) of this title, unless the employee or Member has notified the Office in writing at the time of retirement that he does not desire any spouse surviving him to receive his annuity, or in the case of remarriage, he did not file an election under the third sentence of section 8339(j) of this title”.
Pub. L. 98–353 substituted “and (n)” for “and (o)”.
Subsec. (b)(3). Pub. L. 98–615, § 2(4)(B)(ii), substituted “widow or widower” for “spouse, widow, or widower” wherever appearing in provisions preceding subpar. (A).
Subsec. (b)(3)(B). Pub. L. 98–615, § 2(4)(B)(iii), substituted “55 years of age” for “60 years of age”.
Subsec. (b)(4). Pub. L. 98–615, § 2(4)(B)(iv), added par. (4).
Subsec. (d). Pub. L. 98–615, § 2(4)(C)(i), inserted provision that the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between the amount which would otherwise be payable to such widow or widower under this subsection and the amount of the survivor annuity payable to any former spouse of such employee or Member under subsec. (h).
Pub. L. 98–353 substituted “and (n)” for “and (o)”.
Subsec. (d)(i). Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (A) as cl. (i).
Subsec. (d)(ii). Pub. L. 98–615, § 2(4)(C)(ii), redesignated subpar. (B) as cl. (ii) and substituted “55 years of age” for “60 years of age”.
Subsec. (e)(1). Pub. L. 98–615, § 2(4)(D)(i), inserted “or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member” in provisions preceding subpar. (A) and following subpar. (C).
Subsec. (e)(2). Pub. L. 98–615, § 2(4)(D)(ii), substituted “surviving spouse or former spouse” for “surviving spouse” and “spouse, former spouse, or child” for “spouse or child” in provisions following subpar. (E).
Subsec. (f). Pub. L. 98–615, § 2(4)(E), inserted provision that an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between the annuity which would otherwise be payable to such surviving spouse under this subsection and the amount of the survivor annuity payable to any former spouse of such Member under subsec. (h) of this section in provisions following par. (2).
Subsec. (g). Pub. L. 98–615, § 2(4)(F), substituted “55 years of age” for “60 years of age” in provisions preceding par. (1).
Subsecs. (h), (i). Pub. L. 98–615, § 2(4)(G), added subsecs. (h) and (i).
1980
Subsec. (a)(2)(B). Pub. L. 96–179, § 1(1), struck out “and” after “marriage;”.
Subsec. (a)(3). Pub. L. 96–179, § 1(2), added par. (3). Former par. (3) redesignated (4).
Subsec. (a)(4). Pub. L. 96–179, § 1(3), redesignated former par. (3) as (4), substituted “unmarried dependent child” for “unmarried child” wherever appearing in subpars. (A), (B), and (C), substituted “but only if the stepchild” for “or recognized natural child who” in subpar. (A)(ii), and inserted “a recognized natural child, and (iv)” after “(iii)”.
1978
Subsec. (a)(3). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.
Subsec. (b)(1). Pub. L. 95–598, § 338(c)(1), inserted reference to subsec. (o) of section 8339 of this title.
Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.
Pub. L. 95–317 inserted provisions relating to failure to file an election under section 8339(j) of this title in the case of remarriage.
Subsec. (d). Pub. L. 95–598, § 338(c)(2), inserted reference to subsec. (o) of section 8339 of this title.
Subsec. (f)(2). Pub. L. 95–454, § 906(a)(3), substituted “Office” for “Commission”.
Subsec. (g). Pub. L. 95–318 struck out “after ,” after “terminated”.
1975
Subsec. (c). Pub. L. 94–183 substituted “8339(k)(1)” for “8339(k)”.
1974
Subsec. (a)(1)(A), (2)(A). Pub. L. 93–260 substituted “1 year” for “2 years”.
1972
Subsec. (a)(3)(A). Pub. L. 92–243 added cl. (iii).
Subsec. (c). Pub. L. 92–297, § 7(4)(i), substituted “section 8339(a)–(i)”, “section 8339(j)”, and “section 8339(k)” for “section 8339(a)–(h)”, “section 8339(i)”, and “section 8339(j)”, respectively.
Pub. L. 92–297, § 7(4)(ii), substituted “section 8339(k)” for “section 8339(j)”.
Subsec. (d). Pub. L. 92–297, § 7(4)(iii), substituted “section 8339(a)–(f) and (i)” for “section 8339(a)–(e) and (h)”.
1971
Subsec. (a)(3), (4). Pub. L. 91–658, § 3(a), struck out par. (3) which defined “dependent widower”, and redesignated par. (4) as (3).
Subsec. (b). Pub. L. 91–658, § 3(b), designated existing first sentence as par. (1), and inserted exception phrase, provision for survival by widow or widower whom employee or Member marries after retirement, entitlement of widow or widower to 55 percent annuity (limited to 50 percent where retirement before ), and substituted “any spouse surviving him” for “his spouse”; added par. (2); and added par. (3), first sentence, respecting entitlement to survivor annuity by a spouse acquired after retirement upon election from available survivor benefits, and designated as second and third sentences former second and third sentences, providing for widows and widowers and substituting “annuitant” for “retired employee or member”.
Subsec. (d). Pub. L. 91–658, § 3(c), substituted “his widow or widower” for “the widow or dependent widower of the employee or Member” in first sentence, struck out “or dependent” before “widower” in second sentence, and substituted in third sentence provision for termination of annuity where widow or widower dies or remarries before becoming 60 years of age for prior termination of annuity before widow or dependent widower dies, the dependent widower becomes capable of self-support, the widow or dependent widower of an employee remarries before becoming 60 years of age, or the widow or dependent widower of a member remarries.
Subsec. (e)(2). Pub. L. 91–658, § 3(d), substituted reference to “subsection (a)(3)” for “subsection (a)(4)”.
1969
Subsec. (d). Pub. L. 91–93, § 206(a), provided for entitlement to a survivor annuity after an 18 month rather than a 5 year period of civilian service and prescribed as the annuity the smaller of two computations when computing the annuity under section 8399 (a) to (e) and (h) of this title.
Subsec. (e)(1). Pub. L. 91–93, § 206(b), increased annuity of a surviving child, substituting “eighteen months” for “five years” of civilian service in par. (1), “60 percent”, “$900”, and “$2,700” for “40 percent”, “$600”, and “$1,800” in cls. (A), (B), and (C), respectively, and “75 percent”, “$1,080”, and “$3,240”, for “50 percent”, “$720”, and “$2,160” in cls. (i), (ii), and (iii), respectively.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 Amendment
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on , and applicable only to an individual who is employed as a member of the Supreme Court Police after , see section 1(a)(2) [title III, § 308(i), (j)] of Pub. L. 106–553, set out in a Supreme Court Police Retirement note under section 8331 of this title.
Effective Date of 1997 Amendment
Amendment by section 516(a) of Pub. L. 105–61 applicable to any annuity commencing before, on, or after , and effective with regard to any payment made after the first month following , see section 516(b) of Pub. L. 105–61, set out as a note under section 8334 of this title.
Section 518(c) of Pub. L. 105–61 provided that: “The amendments made by this section [amending this section and sections 8442 and 8445 of this title] shall apply with respect to remarriages occurring on or after .”
Effective Date of 1996 Amendment
Section 101(f) [title VI, § 633(b)] of Pub. L. 104–208 provided that: “The amendments made by subsection (a) [amending this section and sections 8443 and 8908 of this title] shall apply with respect to any termination of marriage taking effect before, on, or after the date of enactment of this Act [], except that benefits shall be payable only with respect to amounts accruing for periods beginning on the first day of the month beginning after the later of such termination of marriage or such date of enactment.”
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–272 effective with respect to service performed on or after , see section 15204(b) of Pub. L. 99–272, as amended, set out as a note under section 8339 of this title.
Effective Date of 1984 Amendments
Pub. L. 98–615, § 4, , 98 Stat. 3204, as amended by Pub. L. 99–251, title II, § 201(a)–(c), , 100 Stat. 20, 22; Pub. L. 99–549, § 9(a), , 100 Stat. 3065; Pub. L. 99–556, title V, § 501(a), , 100 Stat. 3139; Pub. L. 100–238, title I, § 127, , 101 Stat. 1758, provided that:
“(a) (1) Except as provided in paragraphs (3), (4), (5), and (6) and subsections (b) and (c), the amendments made by section 2 of this Act [amending this section and sections 8331, 8334, 8339, 8342, 8345, and 8348 of this title] shall take effect , and shall apply—
“(A) to any individual who, on or after such date, is married to an employee or Member who, on or after such date, retires, dies, or applies for a refund of contributions under subchapter III of chapter 83 of title 5, United States Code, and
“(B) to any individual who, as of such date, is married to a retired employee or Member,
unless (i) such employee or Member has waived, under the first sentence of section 8339(j)(1) of such title (or a similar prior provision of law), the right of that individual’s spouse to receive a survivor annuity, or (ii) in the case of a post-retirement marriage or remarriage, an election has not been made before such date by such employee or Member with respect to such individual under the applicable provisions of section 8339(j)(1) or 8339(k)(2) of such title, as the case may be (or a similar prior provision of law).
“(2) Except as provided in subsection (f), the amendments made by section 3 of this Act [amending sections 8901 to 8903, 8905, 8907, 8909, and 8913 of this title] shall take effect , and shall apply to any individual who, on or after such date, is married to an employee or annuitant.
“(3) The amendments made by subparagraphs (B)(iii) and (C)(ii) of section 2(4) of this Act [amending section 8341 of this title] (relating to the termination of survivor benefits for a widow or widower who remarries before age 55) and the amendments made by subparagraph (F) of such section 2(4) [amending section 8341 of this title] (relating to the restoration of a survivor annuity upon the dissolution of such a remarriage) shall apply—
“(A) in the case of a remarriage occurring on or after the date of the enactment of this Act []; and
“(B) with respect to periods beginning on or after such date.
“(4) (A) Except as provided in subparagraph (B), the amendment made by section 2(3)(A) of this Act [amending section 8339 of this title] (but only to the extent that it amends title 5, United States Code, by adding a new section 8339(j)(5)(C)) and the amendment made by section 2(3)(C) of this Act [amending section 8339 of this title] (which relate to the election of a survivor annuity for a spouse in the case of a post-retirement marriage or remarriage) shall apply—
“(i) to an employee or Member who retires before, on, or after ; and
“(ii) in the case of a marriage occurring on or after .
“(B) The amendments referred to in subparagraph (A) shall not apply in the case of a marriage of an employee or Member retiring before , if the marriage occurred after , and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [].
“(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual’s spouse by a marriage described in such subparagraph shall be effective if made in accordance with the applicable provisions of section 8339(j)(1) or 8339(k)(2) of title 5, United States Code, as the case may be, as in effect on .
“(5) (A) Paragraphs (3), (4), and (5)(B) of section 8339(j) of title 5, United States Code (as added by section 2(3)(A) of this Act), shall apply in the case of a former spouse of an employee or Member whose marriage to such employee or Member terminated before , if such employee or Member retires on or after such date. The paragraphs referred to in the preceding sentence shall so apply only insofar as they relate to an election to provide a survivor annuity for a former spouse.
“(B) (i) The requirement described in clause (ii) shall not apply to an election made by an employee or Member under section 8339(j)(3) of title 5, United States Code (as amended by section 2(3)(A) of this Act), in order to provide a survivor annuity under section 8341(h) of such title (as amended by section 2(4)(G) of this Act) in the case of a former spouse referred to in subparagraph (A) if the election meets the requirements of clause (iii).
“(ii) The requirement referred to in clause (i) is the requirement prescribed in section 8339(j)(3) of title 5, United States Code, for an employee or Member to make an election in the case of a former spouse under such section 8339(j)(3) at the time of retirement or, if later, within 2 years after the date on which the marriage of the former spouse to the employee or Member is dissolved.
“(iii) Clause (i) applies to an election which is made by an employee or Member who retires on or after , and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [], and is received by the Office of Personnel Management within the 2-year period beginning on the date of the enactment of such Act.
“(C) A survivor annuity shall be paid a former spouse as provided in section 8341(h) of title 5, United States Code (as amended by section 2(4)(G) of this Act), pursuant to an election made in the case of such former spouse under this paragraph.
“(D) The amendments made by paragraphs (6) and (7) of section 2 of this Act [amending sections 8345 and 8348 of this title] shall apply in the case of survivor annuities and elections authorized by this paragraph.
“(6) The amendment made by section 2(4)(A) of this Act [amending section 8341 of this title] (relating to the definition of a widow or widower) and the amendment made by section 2(4)(G) of this Act (but only to the extent that it amends title 5, United States Code, by adding a new section 8341(i)) shall apply with respect to any marriage occurring on or after the date of the enactment of this Act [].
“(b) (1) Notwithstanding subsection (a)(1) of this section, a former spouse of an employee or Member who retired before , or who died after becoming eligible to retire and before such date, is entitled to a survivor annuity under section 8341(b) of title 5, United States Code, as amended by this Act, if—
“(A) the retired employee or Member elects, in writing, within eighteen months after the date of enactment of this Act, according to procedures prescribed by the Office of Personnel Management, to have the annuity of such employee or Member reduced under section 8339(j) of title 5, United States Code, as amended by this Act, and, except as provided in paragraph (3) of this subsection, to deposit in the Civil Service Retirement and Disability Fund an amount determined by the Office, as nearly as may be administratively feasible, to reflect the amount by which such employee or Member’s annuity would have been reduced had the reduction been in effect since such employee or Member’s annuity commenced, plus interest computed at the annual rate of six percent for each year during which the annuity would have been reduced if the election had been in effect on and after the date the annuity commenced; or
“(B) where the employee or Member dies or died on or before the one hundred and eightieth day after the date of enactment of this Act or does not make the election described in subparagraph (A)—
“(i) the former spouse’s marriage to the employee or Member was dissolved after , and before ;
“(ii) the former spouse was married to the employee or Member for at least ten years during periods of creditable service under section 8332 of title 5, United States Code;
“(iii) the former spouse has not remarried before age fifty-five after ;
“(iv) the former spouse files an application for the survivor annuity with the Office on or before ; and
“(v) the former spouse is at least fifty years of age on .
A survivor annuity under subparagraph (B) shall commence on the day after the employee or Member dies or the first day of the second month after the former spouse’s application is received by the Office, whichever occurs later.
“(2) Except as provided in paragraph (3), if a retired employee or Member who makes an election under subparagraph (A) of paragraph (1) does not make the deposit required by such subparagraph, the Office shall collect the amount of the deposit by offset against the employee or Member’s annuity, up to a maximum of 25 per centum of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.
“(3) An election made by an individual under subparagraph (A) of paragraph (1) of this subsection to provide a survivor annuity for any person prospectively voids any election previously made by such individual with respect to such person under section 8339(k)(1) of title 5, United States Code, as amended by this Act, or any similar prior provision of law. Notwithstanding the provisions of such subparagraph (A), an individual who made such an election under such section 8339(k)(1) (or prior provision) shall not be required to make the deposit described in such subparagraph.
“(4) (A) A former spouse of an employee or Member referred to in the matter before subparagraph (A) in paragraph (1) of this section shall be entitled to a survivor annuity under subparagraph (B) of such paragraph if—
“(i) the former spouse satisfies the requirements of clauses (ii) through (v) of such subparagraph (B); and
“(ii) there is no surviving spouse of the employee or Member and no other former spouse of such employee or Member who is entitled to receive a survivor annuity under subchapter III of chapter 83 of title 5, United States Code, based on the service of such employee or Member which is creditable under such subchapter and there is no other person who has been designated to receive a survivor annuity under such subchapter by reason of an insurable interest in such employee or Member.
“(B) For the purposes of this paragraph, the term ‘surviving spouse’ means a widow or a widower as defined in paragraphs (1) and (2), respectively, of section 8341(a) of title 5, United States Code.
“(5) A survivor annuity provided under this subsection shall be 55 per centum of the annuity of the retired employee or Member (or of that portion of the annuity which such employee or Member may have designated for this purpose under paragraph (1)(A) of this subsection), as determined under section 8339(a)–(i) and (n) of title 5, United States Code, increased by—
“(A) the total percent increase the retired employee or Member was receiving under section 8340 of such title at death, or
“(B) in the case of a retired employee or Member whose date of death precedes the one hundred and eightieth day after the date of enactment of this Act [], the total percent increase the retired employee or Member would have received under such section 8340 had such individual died on the one hundred and eightieth day after such date of enactment,
and shall not be subject to reduction under section 8341(h)(2) of such title, as amended by this Act.
“(c) Notwithstanding subsection (a)(1) of this section, an employee or Member who retired before the one hundred and eightieth day after the date of enactment of this Act [] and who is married to a spouse acquired after retirement for whom such employee or Member was unable to provide a survivor annuity because—
“(1) the employee or Member was married at the time of retirement and elected not to provide a survivor annuity for the employee or Member’s spouse at the time of retirement, or
“(2) the employee or Member failed to notify the Office of the employee or Member’s post-retirement marriage within one year after the marriage,
may elect in writing, within one year after the date of enactment of this Act, in accordance with procedures prescribed by the Office, to provide for a survivor annuity for such spouse under section 8341(b) of title 5, United States Code, as amended by this Act, to have the retired employee or Member’s annuity reduced under section 8339(j) of such title, as so amended, and to deposit in the Civil Service Retirement and Disability Fund an amount determined by the Office, as nearly as may be administratively feasible, to reflect the amount by which such employee or Member’s annuity would have been reduced had the election been continuously in effect since the annuity commenced, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect on and after the date the annuity commenced shall be 6 percent. If the retired employee or Member does not make such deposit, the Office shall collect such amount by offset against such employee or Member’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable to such employee or Member, and such employee or Member is deemed to consent to such offset. The Office shall provide for general public notice of the right to make an election under this subsection. In cases to which paragraph (2) of this subsection applies, the retired employee or Member shall provide the Office with such documentation as the Office shall decide is appropriate, that such employee or Member attempted to elect a reduced annuity with survivor benefit for such employee or Member’s current spouse and that such employee or Member’s election was rejected by the Office because it was untimely filed.
“(d) A deposit required by subsection (b)(1)(A) or (c) of this section may be made by the surviving former spouse or spouse, as applicable, of the retired employee or Member.
“(e) The Office shall determine at the end of each fiscal year—
“(1) the cost of survivor annuities provided under subsections (b) and (c) of this section, less an amount determined appropriate by the Office to reflect the value of any deposits made under subsection (b)(1)(A), (c), or (d), and
“(2) the cost of administering subsections (b) and (c).
The Office shall notify the Secretary of the Treasury of the amounts so determined. The Secretary of the Treasury, before closing the account for the fiscal year in question, shall credit to the Civil Service Retirement and Disability Fund, out of any money in the Treasury not otherwise appropriated, such amounts, which shall be available in the same manner as provided under subparagraphs (A) and (B) of section 8348(a)(1) of title 5, United States Code, as amended by this Act.
“(f) Any individual—
“(1) who is entitled to a survivor annuity under subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section,
“(2) as to whom a court order or decree referred to in section 8345(j) of title 5, United States Code (or similar provision of law under a retirement system for Government employees other than the Civil Service Retirement System) has been issued before , or
“(3) who is entitled (other than as described in paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees as of ,
shall be considered to have satisfied section 8901(10)(C) of title 5, United States Code, as amended by this Act. Notwithstanding subsection (a)(2) of this section, any such individual who otherwise meets the definition of a former spouse under section 8901 of title 5, United States Code, as so amended, may, within 12 months after the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [], enroll in an approved health benefits plan described by section 8903 of such title, under the conditions set forth in section 8905(c) of such title, as so amended (other than the conditions prescribed in subparagraphs (A) and (B) of paragraph (1) of such section 8905(c)).
“(g) (1) For purposes of subsections (a)(1), (b), (c), (d), and (e), ‘employee’, ‘Member’, and ‘former spouse’ each has the meaning given that term under section 8331 of title 5, United States Code, as amended by this Act.
“(2) For purposes of subsection (a)(2), ‘employee’ and ‘annuitant’ each has the meaning given that term under section 8901 of title 5, United States Code.
“(h) Section 827 of the Foreign Service Act of 1980 [22 U.S.C. 4067] and section 292 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees [former 50 U.S.C. 403 note] shall not apply with respect to either the amendments made by section 2 [amending sections 8331, 8334, 8339, 8341, 8342, 8345, and 8348 of this title] or the preceding provisions of this section.”
[Section 501(b) of Pub. L. 99–556 provided that: “The amendments made by this section [amending note above] shall be effective as of .”
]
[Section 9(b) of Pub. L. 99–549 provided that: “The amendments made by this section [amending note above] shall be effective as of .”
]
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in Pub. L. 98–615, set out above, is Pub. L. 88–643, , 78 Stat. 1043, which was revised generally by Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3196, is known as the Central Intelligence Agency Retirement Act and is classified generally to chapter 38 (§ 2001 et seq.) of Title 50, War and National Defense.]
Amendment by Pub. L. 98–353 effective , see section 122(a) of Pub. L. 98–353, set out as an Effective Date note under section 151 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1980 Amendment
Section 5(a) of Pub. L. 96–179 provided that: “The amendments made by the first section [amending this section] and section 2 of this Act [amending section 8901 of this title] shall take effect on the date of the enactment of this Act [], except that no benefits under chapter 89 of title 5, United States Code, made available by reason of such amendments shall be payable for any period before .”
Effective Date of 1978 Amendments
Amendment by Pub. L. 95–598 effective , see section 402(d) of Pub. L. 95–598, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.
Amendment by Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Section 3 of Pub. L. 95–318 provided that:
“The foregoing provisions of this Act [amending this section and enacting provisions set out as notes under this section] shall take effect on—
“(1) the first day of the month following the date of the enactment of this Act [], or
“(2) ,
whichever date is later.”
Effective Date of 1978 Amendment; Survivor Annuities Subject to Reduction, Etc.
For effective date of amendment by Pub. L. 95–317 as first day of first month which begins on or after date of enactment of Pub. L. 95–317, which was approved , or , whichever is later, and provisions respecting eligibility of an individual to a survivor annuity, or the reduction therefor, see section 4 of Pub. L. 95–317, set out as a note under section 8339 of this title.
Effective Date of 1974 Amendment
Section 1(b) of Pub. L. 93–260 provided that: “The amendments made by subsection (a) of this section [amending this section] shall not apply in the cases of employees, Members, or annuitants who died before the date of enactment of this Act []. The rights of such individuals and their survivors shall continue in the same manner and to the same extent as if such amendments had not been enacted.”
Effective Date of 1972 Amendments
Amendment by Pub. L. 92–297 effective on 90th day after , see section 10 of Pub. L. 92–297, set out as an Effective Date note under section 3381 of this title.
Section 2 of Pub. L. 92–243 provided that: “The amendment made by the first section of this Act [amending this section] is effective upon enactment []. Upon application to the Civil Service Commission, it also applies to a child of an employee or Member who died or retired before such date of enactment [] but no annuity shall be paid by reason of the amendment for any period prior to the date of enactment.”
Effective Date of 1969 Amendments
Section 2 of Pub. L. 91–189 provided that: “The provisions of section 8341(e) of title 5, United States Code, as amended by section 206(b) of Public Law 91–93 (83 Stat. 140), shall be effective as of .”
Amendment by Pub. L. 91–93 inapplicable in cases of persons retired or otherwise separated prior to , their rights and of their survivors continued as if such amendment had not been enacted, see section 207(a) of Pub. L. 91–93 set out as a note under section 8331 of this title.
Effective Date of 1969 Amendment; Recomputation and Reduction of Survivor Annuities
Section 207(c) of Pub. L. 91–93 provided that:
“(1) The amendment made by section 206(b) of this Act [amending this section] shall become effective on the first day of the first month which begins on or after the date of enactment of this Act [].
“(2) The annuity of each surviving child who, immediately prior to the effective date of such amendment [amending this section] is receiving an annuity under section 8341(e) of title 5, United States Code, or under a comparable provision of any prior law, or who hereafter becomes entitled to receive annuity under the Act of , as amended from and after , shall be recomputed effective on such date, or computed from commencing date if later, in accordance with such amendment. No increase allowed and in force prior to such date shall be included in the computation or recomputation of any such annuity. This paragraph shall not operate to reduce any annuity.”
Additional Elections Under Civil Service Retirement Spouse Equity Act of 1984
Section 201(d) of Pub. L. 99–251 provided that:
“(1) Notwithstanding the time limitation prescribed in subparagraph (A) of section 4(b)(1) of the Civil Service Retirement Spouse Equity Act of 1984 [Pub. L. 98–615, § 4(b)(1)(A), set out as a note above], an election may be made under such subparagraph before the expiration of the 12-month period beginning on the date on which the regulations under paragraph (3) of this subsection first take effect.
“(2) Any retired employee or Member who has made an election under section 4(b)(1)(A) of the Civil Service Retirement Spouse Equity Act of 1984 [set out as a note above] (as in effect at the time of such election) before the regulations under paragraph (3) of this subsection become effective may modify such election by designating, in writing, that only a portion of such employee or Member’s annuity is to be used as the base for the survivor annuity for the former spouse for whom the election was made. A modification under this subparagraph shall be subject to the deadline under paragraph (1) of this subsection.
“(3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall be made in the case of a modification under paragraph (2) of this subsection.”
Restoration of Survivor Annuities for Certain Widows and Widowers Remarrying Before July 18, 1966, and Where Member Died Before January 8, 1971
Section 1 of Pub. L. 95–318, eff. , provided that:
“(a) Upon application to the Civil Service Commission, the annuity of—
“(1) a surviving spouse of an employee which was terminated under the provisions of section 8341 (b) or (d) of title 5, United States Code, or of any prior applicable law, because of the remarriage of such spouse before , and
“(2) a surviving spouse of a Member who died before , which was terminated under any such provision, because of the remarriage of such spouse,
shall be restored in accordance with the provisions of subsection (b) of this section.
“(b) (1) In the case of a remarriage occurring after the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund. If such amount is paid, the annuity shall be so restored commencing on the effective date of this section at the rate which would have been in effect if the annuity had not been terminated.
“(2) In the case of a remarriage occurring before the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if—
“(A) such spouse elects to receive this annuity instead of a survivor benefit to which the spouse may be entitled under subchapter III of chapter 83 of such title 5 or under another retirement system for Government employees by reason of the marriage; and
“(B) any lump sum paid on termination of the annuity is returned to such fund.
If the requirements of the preceding sentence are satisfied, such annuity shall be so restored commencing on the effective date of this section or on the first day of the month following the date the remarriage is dissolved by death, annulment, or divorce, whichever date is later, at the rate which was in effect when the annuity was terminated.”
Increase in Annuity Payable to Surviving Spouses of Members, Employees, of Annuities Based on Separation Occurring Prior to Oct. 20, 1969
Section 2(b) of Pub. L. 93–273, , 88 Stat. 93, provided that: “In lieu of any increase based on an increase under subsection (a) of this section, an annuity payable from the Civil Service Retirement and Disability Fund to the surviving spouse of an employee, Member, or annuitant, which is based on a separation occurring prior to shall be increased by $132.”
Section 3 of Pub. L. 93–273, , 88 Stat. 93 provided in part that annuity increases under this pension shall apply to annuities which commence before, on, or after , but that no increase in annuity shall be paid for any period prior to the first day of the first month which begins on or after the ninetieth day after , or the date on which the annuity commences, whichever is later. See section 3 of Pub. L. 93–273, set out as a note under section 8345 of this title.
Remarriage Provisions
Section 205 of Pub. L. 91–93 provided that:
“The provisions of subsection (b)(1), (d)(3), and (g) of section 8341 of title 5, United States Code, also shall apply in the case of any widow or widower—
“(1) of an employee who died, retired, or was otherwise finally separated before ;
“(2) who shall have remarried on or after such date; and
“(3) who, immediately before such remarriage, was receiving annuity from the Civil Service Retirement and Disability Fund;
except that no annuity shall be paid by reason of this section for any period prior to the enactment of this section. No annuity shall be terminated solely by reason of the enactment of this section. Notwithstanding the prohibition contained in the first sentence of this section on the payment of annuity for any period prior to the enactment of this section, in any case in which the Civil Service Commission determines that—
“(1) the remarriage of any widow or widower described in such sentence was entered into by the widow or widower in good faith and in reliance on erroneous information provided by Government authority prior to that remarriage that the then existing survivor annuity of the widow or widower would not be terminated because of the remarriage; and
“(2) such annuity was terminated by law because of that remarriage;
then payment of annuity may be made by reason of this section in such case, beginning as of the effective date of the termination because of the remarriage.”
Credits
1966–2000 · 22 acts
- 1966Pub. L. 89–554, , 80 Stat. 577
- 1967Pub. L. 90–83, § 1(80), , 81 Stat. 216
- 1969Pub. L. 91–93, title II, § 206, , 83 Stat. 140
- 1971Pub. L. 91–658, § 3, , 84 Stat. 1961
- 1972Pub. L. 92–243, § 1, , 86 Stat. 56
- 1972Pub. L. 92–297, § 7(4), , 86 Stat. 145
- 1974Pub. L. 93–260, § 1(a), , 88 Stat. 76
- 1975Pub. L. 94–183, § 2(36), , 89 Stat. 1058
- 1978Pub. L. 95–317, § 1(b), , 92 Stat. 382
- 1978Pub. L. 95–318, § 2, , 92 Stat. 384
- 1978Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224
- 1978Pub. L. 95–598, title III, § 338(c), , 92 Stat. 2681
- 1980Pub. L. 96–179, § 1, , 93 Stat. 1299
- 1984Pub. L. 98–353, title I, § 112, , 98 Stat. 343
- 1984Pub. L. 98–615, § 2(4), , 98 Stat. 3199
- 1986Pub. L. 99–251, title II, §§ 205–207, , 100 Stat. 25
- 1986Pub. L. 99–272, title XV, § 15204(a)(2), , 100 Stat. 335
- 1990Pub. L. 101–428, § 2(d)(7), , 104 Stat. 929
- 1992Pub. L. 102–378, § 2(63), , 106 Stat. 1354
- 1996Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(1)], , 110 Stat. 3009–314, 3009–362
- 1997Pub. L. 105–61, title V, §§ 516(a)(4), 518(a), , 111 Stat. 1306, 1307
- 2000Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(7)], , 114 Stat. 2762, 2762A–89.
Show as published
(Pub. L. 89–554, , 80 Stat. 577; Pub. L. 90–83, § 1(80), , 81 Stat. 216; Pub. L. 91–93, title II, § 206, , 83 Stat. 140; Pub. L. 91–658, § 3, , 84 Stat. 1961; Pub. L. 92–243, § 1, , 86 Stat. 56; Pub. L. 92–297, § 7(4), , 86 Stat. 145; Pub. L. 93–260, § 1(a), , 88 Stat. 76; Pub. L. 94–183, § 2(36), , 89 Stat. 1058; Pub. L. 95–317, § 1(b), , 92 Stat. 382; Pub. L. 95–318, § 2, , 92 Stat. 384; Pub. L. 95–454, title IX, § 906(a)(2), (3), , 92 Stat. 1224; Pub. L. 95–598, title III, § 338(c), , 92 Stat. 2681; Pub. L. 96–179, § 1, , 93 Stat. 1299; Pub. L. 98–353, title I, § 112, , 98 Stat. 343; Pub. L. 98–615, § 2(4), , 98 Stat. 3199; Pub. L. 99–251, title II, §§ 205–207, , 100 Stat. 25; Pub. L. 99–272, title XV, § 15204(a)(2), , 100 Stat. 335; Pub. L. 101–428, § 2(d)(7), , 104 Stat. 929; Pub. L. 102–378, § 2(63), , 106 Stat. 1354; Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 633(a)(1)], , 110 Stat. 3009–314, 3009–362; Pub. L. 105–61, title V, §§ 516(a)(4), 518(a), , 111 Stat. 1306, 1307; Pub. L. 106–553, § 1(a)(2) [title III, § 308(h)(7)], , 114 Stat. 2762, 2762A–89.)