II 

116TH CONGRESS 

2D SESSION S. 4977 

To amend title 5, United States Code, to require that a court decree, court 

order, or other similar process expressly provides for an annuity supplement payment. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 8, 2020 

Mr. LANKFORD (for himself and Ms. SINEMA) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To amend title 5, United States Code, to require that a 

court decree, court order, or other similar process expressly provides for an annuity supplement payment. 

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 ‘‘Retirement Annuity 

5 Supplement Clarity Act’’. 

6 SEC. 2. COURT ORDERS. 

7 (a) COURT ORDERS.—Section 8467 of title 5, United 

8 States Code, is amended— 


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1 (1) by redesignating subsection (c) as sub2 section (d); and 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) If a court decree, court order, or agreement de6 scribed in paragraph (1) of subsection (a) expressly di7 vides an annuity under subchapter II, an annuity supple8 ment payment made under section 8421 shall be included 

9 in the computation of that division, unless the court de10 cree, court order, or agreement expressly excludes division 

11 of the annuity supplement.’’. 

12 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

13 Section 8241 of title 5, United States Code, is amended 

14 by striking subsection (c). 

15 (c) APPLICABILITY.— 

16 (1) IN GENERAL.—The amendment made by 

17 subsection (a) shall apply to all annuity supplement 

18 payments under section 8421 of title 5, United 

19 States Code, that begin on, or after the date of en20 actment of this Act. 

21 (2) RETROACTIVE PAYMENTS.— 

22 (A) DEFINITION.—In this paragraph: 

23 (i) ANNUITY SUPPLEMENT.—The 

24 term ‘‘annuity supplement’’ means an anVerDate Sep 11 2014 20:03 Dec 12, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4977.IS S4977

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1 nuity supplement under section 8241 of 

2 title 5, United States Code. 

3 (ii) COVERED ANNUITANT.—The term 

4 ‘‘covered annuitant’’ means any annu5 itant— 

6 (I) who was retired on or before 

7 the date of enactment of this Act; 

8 (II) who is or was entitled to an 

9 annuity supplement; 

10 (III) whose annuity was subject 

11 to a court order described in section 

12 8467(a)(1) that was silent regarding 

13 the annuity supplement or that in14 cluded language that expressly ex15 cluded the annuity supplement from 

16 division; and 

17 (IV) whose annuity supplement 

18 was recomputed by the Office of Per19 sonnel Management during the period 

20 beginning on June 30, 2016, and end21 ing on the date of enactment of this 

22 Act to retroactively include the annu23 ity supplement in the division of the 

24 annuity. 


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1 (B) PAYMENT.—The Office of Personnel 

2 Management shall pay a one-time payment 

3 from the Civil Service Retirement and Dis4 ability Fund established under section 8348 of 

5 title 5, United States Code, to a covered annu6 itant who received an annuity supplement under 

7 section 8421 of title 5, United States Code, be8 fore the date of enactment of this Act an 

9 amount (without interest) equal to the amount 

10 deducted from the annuity of the covered annu11 itant as a result of including the annuity sup12 plement in the computation of a court-ordered 

13 division or other scenario described in subpara14 graph (A)(ii)(III)(bb). 

15 (3) NO REPAYMENT.—Overpayments paid to a 

16 covered annuitant, or any overpayments of appor17 tionment paid to a former spouse of a covered annu18 itant (as the case may be), before the date of enact19 ment of this Act, which resulted from excluding the 

20 covered annuitant’s annuity supplement in the com21 putation of a court-ordered apportionment, shall be 

22 waived. 

Æ 


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