
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8341]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
                         CHAPTER 83--RETIREMENT
 
                SUBCHAPTER III--CIVIL SERVICE RETIREMENT
 
Sec. 8341. Survivor annuities

    (a) For the purpose of this section--
        (1) ``widow'' means the surviving wife of an employee or Member 
    who--
            (A) was married to him for at least 9 months immediately 
        before his death; or
            (B) is the mother of issue by that marriage;

        (2) ``widower'' means the surviving husband of an employee or 
    Member who--
            (A) was married to her for at least 9 months immediately 
        before her death; or
            (B) is the father of issue by that marriage;

        (3) ``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
        (4) ``child'' means--
            (A) 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;
            (B) such unmarried dependent child regardless of age who is 
        incapable of self-support because of mental or physical 
        disability incurred before age 18; or
            (C) 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.

    (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), (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.
    (2) If an annuitant--
        (A) who retired before April 1, 1948; or
        (B) 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.
    (3) 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--
        (A) dies; or
        (B) except as provided in subsection (k), remarries before 
    becoming 55 years of age.

    (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.

    (c) 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.
    (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(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--
        (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.

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.

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--
        (i) dies; or
        (ii) except as provided in subsection (k), remarries before 
    becoming 55 years of age.

    (e)(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.
    (2) 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--
        (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;

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--
        (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.
    (3) The annuity of a child under this subchapter or under the Act of 
May 29, 1930, as amended from and after February 28, 1948, 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--
        (A) becomes 18 years of age unless he is then a student as 
    described or incapable of self-support;
        (B) becomes capable of self-support after becoming 18 years of 
    age unless he is then such a student;
        (C) becomes 22 years of age if he is then such a student and 
    capable of self-support;
        (D) ceases to be such a student after becoming 18 years of age 
    unless he is then incapable of self-support; or
        (E) 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.
    (4) 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--
        (A) any lump sum paid is returned to the Fund; and
        (B) that individual is not otherwise ineligible for such 
    annuity.

    (f) 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--
        (1) 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
        (2) 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--
        (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.

    (g) 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--
        (1) 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
        (2) any lump sum paid on termination of the annuity is returned 
    to the Fund.

    (h)(1) 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.
    (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 applicable 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) 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
            (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 or death 
    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.
    (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.

    (k)(1) \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.
---------------------------------------------------------------------------
    \1\ So in original. No subsec. (j) has been enacted.
---------------------------------------------------------------------------
    (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. 89-554, Sept. 6, 1966, 80 Stat. 577; Pub. L. 90-83, Sec. 1(80), 
Sept. 11, 1967, 81 Stat. 216; Pub. L. 91-93, title II, Sec. 206, Oct. 
20, 1969, 83 Stat. 140; Pub. L. 91-658, Sec. 3, Jan. 8, 1971, 84 Stat. 
1961; Pub. L. 92-243, Sec. 1, Mar. 9, 1972, 86 Stat. 56; Pub. L. 92-297, 
Sec. 7(4), May 16, 1972, 86 Stat. 145; Pub. L. 93-260, Sec. 1(a), Apr. 
9, 1974, 88 Stat. 76; Pub. L. 94-183, Sec. 2(36), Dec. 31, 1975, 89 
Stat. 1058; Pub. L. 95-317, Sec. 1(b), July 10, 1978, 92 Stat. 382; Pub. 
L. 95-318, Sec. 2, July 10, 1978, 92 Stat. 384; Pub. L. 95-454, title 
IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 95-598, 
title III, Sec. 338(c), Nov. 6, 1978, 92 Stat. 2681; Pub. L. 96-179, 
Sec. 1, Jan. 2, 1980, 93 Stat. 1299; Pub. L. 98-353, title I, Sec. 112, 
July 10, 1984, 98 Stat. 343; Pub. L. 98-615, Sec. 2(4), Nov. 8, 1984, 98 
Stat. 3199; Pub. L. 99-251, title II, Secs. 205-207, Feb. 27, 1986, 100 
Stat. 25; Pub. L. 99-272, title XV, Sec. 15204(a)(2), Apr. 7, 1986, 100 
Stat. 335; Pub. L. 101-428, Sec. 2(d)(7), Oct. 15, 1990, 104 Stat. 929; 
Pub. L. 102-378, Sec. 2(63), Oct. 2, 1992, 106 Stat. 1354; Pub. L. 104-
208, div. A, title I, Sec. 101(f) [title VI, Sec. 633(a)(1)], Sept. 30, 
1996, 110 Stat. 3009-314, 3009-362; Pub. L. 105-61, title V, 
Secs. 516(a)(4), 518(a), Oct. 10, 1997, 111 Stat. 1306, 1307; Pub. L. 
106-553, Sec. 1(a)(2) [title III, Sec. 308(h)(7)], Dec. 21, 2000, 114 
Stat. 2762, 2762A-89.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 2251(h)-(j).         July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 1(h)-(j)'',
                                                    70 Stat. 744.
                                                   Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    1103(f)(A), 76 Stat.
                                                    871.
(b)-(f)............  5 U.S.C. 2260.                July 31, 1956, ch.
                                                    804, Sec.  401
                                                    ``Sec. 10'', 70
                                                    Stat. 754.
                     ............................  Aug. 27, 1958, Pub.
                                                    L. 85-772, Sec.
                                                    1(b), (c), 72 Stat.
                                                    930.
                     ............................  Sept. 6, 1960, Pub.
                                                    L. 86-713, Sec.
                                                    1(a), 74 Stat. 813.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    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.

                                1967 Act
------------------------------------------------------------------------
                                                    Source (Statutes at
 Section of title 5       Source (U.S. Code)               Large)
------------------------------------------------------------------------
8341(a)(4).........  5 App.: 2251(j) (less last    Apr. 25, 1966, Pub.
                      sentence).                    L. 89-407, Sec.  1
                                                    (words before 1st
                                                    comma), 80 Stat.
                                                    131.
                                                   July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    502, 80 Stat. 300.
8341(b) (last        5 App.: 2260(a)(2).           July 18, 1966, Pub.
 sentence).                                         L. 89-504, Sec.
                                                    506(a), 80 Stat.
                                                    301.
8341(d) (last        5 App.: 2260(c) (last         July 18, 1966, Pub.
 sentence).           sentence).                    L. 89-504, Sec.
                                                    506(b), 80 Stat.
                                                    301.
8341(e)............  5 App.: 2260(d).              July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    506(c), 80 Stat.
                                                    301.
8341(g)............  5 App.: 2260(f).              July 18, 1966, Pub.
                                                    L. 89-504, Sec.
                                                    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 July 18, 1966'' 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).

                       References in Text

    The Act of May 29, 1930, as amended from and after February 28, 
1948, referred to in subsec. (e)(3), is the predecessor of section 8338 
of this title.


                               Amendments

    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, Sec. 516(a)(4), substituted 
``(q), and (r)'' for ``and (q) of this title''.
    Subsec. (b)(3)(B). Pub. L. 105-61, Sec. 518(a)(2)(A), substituted 
``except as provided in subsection (k), remarries'' for ``remarries''.
    Subsec. (d). Pub. L. 105-61, Secs. 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, Sec. 518(a)(2)(B), substituted 
``except as provided in subsection (k), in'' for ``in''.
    Subsec. (k). Pub. L. 105-61, Sec. 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, Sec. 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, Sec. 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, Sec. 207, inserted ``or death'' 
after ``retirement''.
    1984--Subsec. (a)(1)(A), (2)(A). Pub. L. 98-615, Sec. 2(4)(A), 
substituted ``9 months'' for ``1 year''.
    Subsec. (b)(1). Pub. L. 98-615, Sec. 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''.
    Pub. L. 98-353 substituted ``and (n)'' for ``and (o)''.
    Subsec. (b)(3). Pub. L. 98-615, Sec. 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, Sec. 2(4)(B)(iii), substituted 
``55 years of age'' for ``60 years of age''.
    Subsec. (b)(4). Pub. L. 98-615, Sec. 2(4)(B)(iv), added par. (4).
    Subsec. (d). Pub. L. 98-615, Sec. 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, Sec. 2(4)(C)(ii), redesignated 
subpar. (A) as cl. (i).
    Subsec. (d)(ii). Pub. L. 98-615, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 2(4)(G), added subsecs. (h) 
and (i).
    1980--Subsec. (a)(2)(B). Pub. L. 96-179, Sec. 1(1), struck out 
``and'' after ``marriage;''.
    Subsec. (a)(3). Pub. L. 96-179, Sec. 1(2), added par. (3). Former 
par. (3) redesignated (4).
    Subsec. (a)(4). Pub. L. 96-179, Sec. 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, Sec. 906(a)(2), substituted 
``Office of Personnel Management'' for ``Civil Service Commission''.
    Subsec. (b)(1). Pub. L. 95-598, Sec. 338(c)(1), inserted reference 
to subsec. (o) of section 8339 of this title.
    Pub. L. 95-454, Sec. 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, Sec. 338(c)(2), inserted reference to 
subsec. (o) of section 8339 of this title.
    Subsec. (f)(2). Pub. L. 95-454, Sec. 906(a)(3), substituted 
``Office'' for ``Commission''.
    Subsec. (g). Pub. L. 95-318 struck out ``after July 18, 1966,'' 
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, Sec. 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, Sec. 7(4)(ii), substituted ``section 8339(k)'' for 
``section 8339(j)''.
    Subsec. (d). Pub. L. 92-297, Sec. 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, Sec. 3(a), struck out 
par. (3) which defined ``dependent widower'', and redesignated par. (4) 
as (3).
    Subsec. (b). Pub. L. 91-658, Sec. 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''.
    Subsec. (d). Pub. L. 91-658, Sec. 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, Sec. 3(d), substituted reference to 
``subsection (a)(3)'' for ``subsection (a)(4)''.
    1969--Subsec. (d). Pub. L. 91-93, Sec. 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, Sec. 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.


                    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 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, Sec. 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 Oct. 10, 1997, and effective 
with regard to any payment made after the first month following Oct. 10, 
1997, 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 January 1, 1995.''


                    Effective Date of 1996 Amendment

    Section 101(f) [title VI, Sec. 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 [Sept. 30, 1996], 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 Apr. 7, 1986, 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

    Section 4 of Pub. L. 98-615, as amended by Pub. L. 99-251, title II, 
Sec. 201(a)-(c), Feb. 27, 1986, 100 Stat. 20, 22; Pub. L. 99-549, 
Sec. 9(a), Oct. 27, 1986, 100 Stat. 3065; Pub. L. 99-556, title V, 
Sec. 501(a), Oct. 27, 1986, 100 Stat. 3139; Pub. L. 100-238, title I, 
Sec. 127, Jan. 8, 1988, 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 May 7, 1985, 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 May 7, 1985, 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 [Nov. 8, 1984]; 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 
    May 7, 1985; and
        ``(ii) in the case of a marriage occurring on or after May 7, 
    1985.
    ``(B) The amendments referred to in subparagraph (A) shall not apply 
in the case of a marriage of an employee or Member retiring before May 
7, 1985, if the marriage occurred after May 6, 1985, and before the date 
of the enactment of the Federal Employees Benefits Improvement Act of 
1986 [Feb. 27, 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 May 6, 1985.
    ``(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 May 7, 1985, 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 May 7, 1985, and before the 
date of the enactment of the Federal Employees Benefits Improvement Act 
of 1986 [Feb. 27, 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 [Nov. 8, 1984].
    ``(b)(1) Notwithstanding subsection (a)(1) of this section, a former 
spouse of an employee or Member who retired before May 7, 1985, 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 September 14, 1978, and before May 8, 1987;
            ``(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 September 14, 1978;
            ``(iv) the former spouse files an application for the 
        survivor annuity with the Office on or before May 7, 1989; and
            ``(v) the former spouse is at least fifty years of age on 
        May 7, 1987.
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 [Nov. 8, 1984], 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 [Nov. 8, 1984] 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 May 7, 1985, 
    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 May 7, 1985,
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 
[Feb. 27, 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 [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 May 
7, 1985.'']
    [Section 9(b) of Pub. L. 99-549 provided that: ``The amendments made 
by this section [amending note above] shall be effective as of May 7, 
1985.'']
    [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, Oct. 13, 1964, 78 Stat. 1043, which was revised generally by Pub. 
L. 102-496, title VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3196, is 
known as the Central Intelligence Agency Retirement Act and is 
classified generally to chapter 38 (Sec. 2001 et seq.) of Title 50, War 
and National Defense.]
    Amendment by Pub. L. 98-353 effective July 10, 1984, 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 [Jan. 2, 1980], 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 October 1, 
1979.''


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-598 effective Nov. 6, 1978, 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 Oct. 13, 1978, 
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 [July 10, 1978], or
        ``(2) October 1, 1978,
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 July 10, 1978, or Oct. 1, 1978, 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 [Apr. 9, 1974]. 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 May 16, 
1972, 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 [Mar. 9, 1972]. 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 [Mar. 9, 1972] 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 
October 20, 1969.''
    Amendment by Pub. L. 91-93 inapplicable in cases of persons retired 
or otherwise separated prior to Oct. 20, 1969, 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 
    [Oct. 20, 1969].
        ``(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 May 
    29, 1930, as amended from and after February 28, 1948, 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, Sec. 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. Oct. 1, 1978, 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 July 18, 1966, and
        ``(2) a surviving spouse of a Member who died before January 8, 
    1971, 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, Apr. 26, 1974, 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 
October 20, 1969 shall be increased by $132.''
    Section 3 of Pub. L. 93-273, Apr. 26, 1974, 88 Stat. 93 provided in 
part that annuity increases under this pension shall apply to annuities 
which commence before, on, or after Apr. 26, 1974, 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 Apr. 26, 
1974, 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 July 18, 1966;
        ``(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.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8331, 8333, 8339, 8340, 
8342, 8343a, 8344, 8348, 8901, 8905, 8908 of this title; title 10 
sections 1450, 1452; title 22 section 4069-1; title 38 sections 7426, 
7438; title 50 section 403s.
