Sec. 506. Survivor annuities for widows, widowers, and former spouses of federal employees who die before attaining age for deferred annuity under civil service retirement system
610 words·~3 min read·
/bill/113/hr/2117/ih/section-506·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 8341(a) of title 5, United States Code, is amended— in paragraph (1), by striking employee or Member and inserting employee, Member, or annuitant, or of a former employee or Member, ; and in paragraph (2), by striking employee or Member and inserting employee, Member, or annuitant, or of a former employee or Member, . Section 8341 of title 5, United States Code, is amended by adding at the end the following: If a former employee 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 widow or widower to whom married at the date of separation, the widow or widower— is entitled to an annuity equal to 55 percent of the deferred annuity of the former employee commencing on the day after the former employee dies and terminating on the last day of the month before the widow or widower dies or remarries before becoming 55 years of age; or may elect to receive the lump-sum credit instead of annuity if the widow or widower 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 widow or widower of a former employee may not exceed the difference between— the annuity 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 former employee under subsection
(h)of this section. . Section 8339(j) of title 5, United States Code, is amended— in paragraph (3)(A)(ii), by striking and
(h)and inserting (h), and
(l); and in paragraph (4), by striking and
(h)and inserting (h), and
(l). Section 8341(h) of title 5, United States Code, is amended— in paragraph (1), by adding after the first sentence Subject to paragraphs
(2)through
(5)of this subsection, a former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity 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. ; and in paragraph (2)— in subparagraph (A)(ii), by striking or annuitant, and inserting annuitant, or former employee ; and in subparagraph (B)— in clause (ii), by striking or at the end; in clause (iii), by striking the period and inserting ; or ; and by adding at the end the following: under subparagraph
(A)of subsection
(l)of this section in the case of a widow or widower, if the deceased was a former employee described in the first sentence of such subsection. . Section 8339(j)(3) of title 5, United States Code, is amended by inserting at the end the following: The Office shall provide by regulation for the application of this subsection to the widow, widower, or surviving former spouse of a former employee who dies after having separated from the service with title to a deferred annuity under section 8338(a) but before having established a valid claim for annuity. . The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply only in the case of a former employee who dies on or after such date.