I 

112TH CONGRESS 

1ST SESSION H. R. 3602 

To amend title 5, United States Code, to provide that an employee or 

Member who dies within the 2-year notification period with respect to 

a survivor annuity shall be presumed to have elected to provide a former 

spouse with such an annuity, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2011 

Mr. PAUL introduced the following bill; which was referred to the Committee 

on Oversight and Government Reform, and in addition to the Committee 

on House Administration, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title 5, United States Code, to provide that an 

employee or Member who dies within the 2-year notification period with respect to a survivor annuity shall be 

presumed to have elected to provide a former spouse 

with such an annuity, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE . 

4 This Act may be cited as the ‘‘Spouse Equity Election 

5 Clarification Amendment Act of 2011’’. 

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•HR 3602 IH

1 SEC. 2. ELECTION OF ANNUITY FOR FORMER SPOUSES. 

2 (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 

3 8339(j)(3) of title 5, United States Code, is amended by 

4 inserting after the second sentence the following: ‘‘Any 

5 employee or Member who has a surviving former spouse 

6 and dies before such 2 year period has ended shall be, 

7 for purposes of this paragraph, deemed to have elected to 

8 provide a survivor annuity to such former spouse under 

9 section 8341(b). The preceding sentence: (i) shall not 

10 apply to an employee or Member who elected, consistent 

11 with the requirements of paragraph (1), not to provide an 

12 annuity to a former spouse; and (ii) shall not be effective 

13 to the extent that it conflicts with any decree of divorce 

14 or annulment or any court order or court-approved prop15 erty settlement agreement incident to such decree.’’. 

16 (b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.— 

17 Section 8417(b)(2) of such title is amended by adding at 

18 the end the following: ‘‘Any employee or Member who has 

19 a surviving former spouse and dies before such 2 year pe20 riod has ended shall be, for purposes of this subsection, 

21 deemed to have elected to provide a survivor annuity to 

22 such former spouse under section 8445. The preceding 

23 sentence shall not be effective to the extent that it conflicts 

24 with any decree of divorce or annulment or any court 

25 order or court-approved property settlement agreement in26 cident to such decree.’’. 

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•HR 3602 IH

1 (c) PAYMENTS.— 

2 (1) IN GENERAL.—There shall be deposited into 

3 the Civil Service Retirement and Disability Fund an 

4 amount, as described under subparagraph (B), de5 termined by the Office of Personnel Management to 

6 reflect the amount by which the relevant deceased 

7 employee or Member’s annuity would have been re8 duced under sections 8339(j)(3) or 8417(b)(2) of 

9 title 5, United States Code (as the case may be), 

10 since the commencing date of such an annuity and 

11 the termination date of such annuity. 

12 (2) DEDUCTIONS.—The amount required for 

13 deposit under subparagraph (A) shall be deducted 

14 from each monthly annuity payment to such former 

15 spouse, and shall be designed so that the present 

16 value of any future reduction is actuarially equiva17 lent to the deposit required under such sections 

18 8339(j)(3) or 8417(b)(2). 

19 (3) RETROACTIVE APPLICATION.—A former 

20 spouse who receives an annuity pursuant to the 

21 amendments made by subsections (a) and (b) shall 

22 receive payments for any period since the date of 

23 death of the relevant employee or Member, con24 sistent with the requirement of subsection (e). 

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1 (4) MULTIPLE SURVIVING FORMER SPOUSES.— 

2 If an employee or Member has more than 1 sur3 viving former spouse who is eligible for an annuity 

4 pursuant to the amendments made by subsections 

5 (a) and (b), each such spouse shall receive an annu6 ity of an equal amount. 

7 (d) NOTIFICATION.—To receive an annuity under the 

8 amendments made by subsections (a) and (b), a surviving 

9 former spouse must notify the Office of Personnel Man10 agement within 6 months after the date of the death of 

11 the relevant employee or Member. 

12 (e) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply to any employee or Member who 

14 died after January 1, 2008. 

15 (f) DEFINITIONS.—In this section: 

16 (1) EMPLOYEE.—The term ‘‘employee’’ has the 

17 meaning given such term in section 8331(1) or sec18 tion 8401(11) of title 5, United States Code, which19 ever is applicable. 

20 (2) MEMBER.—The term ‘‘Member’’ has the 

21 meaning given such term in section 8331(2) or sec22 tion 8401(20) of such title, whichever is applicable. 

Æ 

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