
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC8417]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                      SUBCHAPTER II--BASIC ANNUITY
 
Sec. 8417. Survivor reduction for a former spouse

    (a) If an employee or Member has a former spouse who is entitled to 
a survivor annuity as provided in section 8445, the reduction described 
in section 8419(a) shall be made.
    (b)(1) An employee or Member who has a former spouse may elect, 
under procedures prescribed by the Office, a reduction in the annuity of 
the employee or Member under section 8419(a) in order to provide a 
survivor annuity for such former spouse under section 8445.
    (2) An election under this subsection shall be made at the time of 
retirement or, if the marriage is dissolved after the date of 
retirement, within 2 years after the date on which the marriage of the 
former spouse to the employee or Member is so dissolved.
    (3) An election under this subsection--
        (A) shall not be effective to the extent that it--
            (i) conflicts with--
                (I) any court order or decree referred to in section 
            8445(a) which was issued before the date of such election; 
            or
                (II) any agreement referred to in such section 8445(a) 
            which was entered into before such date; or

            (ii) would cause the total of survivor annuities payable 
        under sections 8442 and 8445, respectively, based on the service 
        of the employee or Member to exceed the amount which would be 
        payable to a widow or widower of such employee or Member under 
        such section 8442 (determined without regard to any reduction to 
        provide for an annuity under such section 8445); and

        (B) shall not be effective, in the case of an employee or Member 
    who is then married, unless it is made with the spouse's written 
    consent.

The Office shall by regulation provide that subparagraph (B) may be 
waived for either of the reasons set forth in section 8416(a)(2).

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
530.)

                  Section Referred to in Other Sections

    This section is referred to in sections 8418, 8442, 8445, 8901, 8905 
of this title; title 22 section 4071j; title 50 section 2154.
