
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: 5USC8445]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart G--Insurance and Annuities
 
            CHAPTER 84--FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
                    SUBCHAPTER IV--SURVIVOR ANNUITIES
 
Sec. 8445. Rights of a former spouse

    (a) Subject to subsections (b) through (e), a former spouse of a 
deceased employee, Member, or annuitant (or of a former employee or 
Member who dies after having separated from the service with title to a 
deferred annuity under section 8413 but before having established a 
valid claim for annuity) is entitled to an annuity under this section, 
if and to the extent expressly provided for in an election under section 
8417(b), 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.
    (b)(1) The annuity payable to a former spouse under this section may 
not exceed the difference between--
        (A) the amount applicable in the case of such former spouse, as 
    determined under paragraph (2); and
        (B) the amount of any annuity payable under this section to any 
    other former spouse of the employee, Member, or annuitant, or former 
    employee or Member, based on an election previously made under 
    section 8417(b), or a court order previously issued or agreement 
    previously entered into as described in subsection (a).

    (2) The applicable amount, for purposes of paragraph (1)(A) in the 
case of a former spouse, is the amount of the annuity which would be 
payable under the provisions of section 8442 (including subsection (f) 
of such section, but without regard to subsection (h) of such section) 
if such former spouse were a widow or widower entitled to an annuity 
under such provisions based on the service of the deceased employee, 
Member, or annuitant, or former employee or Member.
    (c) The commencement and termination of an annuity payable under 
this section shall be governed by the terms of the applicable order, 
decree, agreement, or election, as the case may be, except that any such 
annuity--
        (1) shall not commence before--
            (A) the day after the employee, Member, or annuitant, or 
        former employee or Member, dies; or
            (B) 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
        (2) except as provided in subsection (h), shall terminate no 
    later than the last day of the month before the former spouse 
    remarries before becoming 55 years of age or dies.

    (d) For purposes of this chapter, a modification in a decree, order, 
agreement, or election referred to in subsection (a) shall not be 
effective--
        (1) if such modification is made after the retirement or death 
    of the employee, Member, or annuitant, or former employee or Member, 
    concerned; and
        (2) to the extent that such modification involves an annuity 
    under this section.

    (e) For purposes of this chapter, a decree, order, agreement, or 
election referred to in subsection (a) shall not be effective, in the 
case of a former spouse, to the extent that it is inconsistent with any 
joint waiver previously executed with respect to such former spouse 
under section 8416(a).
    (f)(1) Any amount under section 8442(b)(1)(A) which would otherwise 
be payable to a widow or widower based on the service of another 
individual shall be paid (in whole or in part) by the Office to a former 
spouse of such individual if and to the extent expressly provided for in 
the terms of a court decree of divorce, annulment, or legal separation, 
or the terms of a court order or court-approved property settlement 
incident to any decree of divorce, annulment, or legal separation.
    (2) Paragraph (1) shall apply only to payments made by the Office 
after the date of receipt in the Office of written notice of such 
decree, order, or agreement, and such additional information and 
documentation as the Office may prescribe.
    (g) Any payment under this section to a person bars recovery by any 
other person.
    (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 in order to 
carry out the purposes of this subsection.

(Added Pub. L. 99-335, title I, Sec. 101(a), June 6, 1986, 100 Stat. 
564; amended Pub. L. 105-61, title V, Sec. 518(b)(2), Oct. 10, 1997, 111 
Stat. 1308.)


                               Amendments

    1997--Subsec. (c)(2). Pub. L. 105-61, Sec. 518(b)(2)(B), substituted 
``except as provided in subsection (h), shall'' for ``shall''.
    Subsec. (h). Pub. L. 105-61, Sec. 518(b)(2)(A), added subsec. (h).


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-61 applicable with respect to remarriages 
occurring on or after Jan. 1, 1995, see section 518(c) of Pub. L. 105-
61, set out as a note under section 8341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 8416, 8417, 8419, 8420, 
8420a, 8424, 8435, 8442, 8468, 8901, 8905 of this title; title 50 
section 2154.
