I
103D CONGRESS
1ST SESSION
H. R. 287
To amend the provisions of chapters 83 and 84 of title 5, United States
Code, which relate to the deposit required in the case of an election
to provide a survivor annuity to a spouse by a post-retirement marriage
or a former spouse.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mrs. MORELLA introduced the following bill; which was referred to the
Committee on Post Office and Civil Service
A BILL
To amend the provisions of chapters 83 and 84 of title
5, United States Code, which relate to the deposit re-
quired in the case of an election to provide a survivor
annuity to a spouse by a post-retirement marriage or
a former spouse.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AMENDMENTS TO THE CIVIL SERVICE RETIRE-
MENT SYSTEM.
(a) IN GENERAL.—(1) Chapter 83 of title 5, United
States Code, is amended by inserting after section 8339
the following new section:
‘‘§ 8339a. Survivor elections; deposit; offsets
‘‘(a)(1) An individual who makes an election under
section 8339(j)(3), (j)(5)(C), or (k)(2) shall deposit into
the Fund an amount determined by the Office of Person-
nel Management (as nearly as may be administratively
feasible) to reflect the amount by which the annuity of
such individual would have been reduced if the election
had been in effect since the date of retirement (or, if later,
in the case of an election under section 8339(j)(5)(C),
since the date the previous reduction in the annuity of
such individual was terminated under section 8339(j)(5)
(A) or (B)), plus interest.
‘‘(2) Interest under paragraph (1) shall be computed
at the rate of 6 percent a year.
‘‘(b)(1) The Office shall by regulation provide for
payment of any deposit or combination of deposits re-
quired under subsection (a) by a reduction in the annuity
of the employee or Member.
‘‘(2) The reduction shall, to the extent practicable,
be designed such that the present value of the future re-
ductions is actuarially equivalent to the present value of
the deposit or combination of deposits required under sub-
section (a), except that the total reduction under this sec-
tion may not exceed 25 percent of the annuity computed
under subsections (a)–(i), (n), (p), and (q) of section
8339, adjusted under section 8340.
‘‘(3) A reduction under this section—
‘‘(A) shall be effective as of the effective date
of the election under section 8339(j)(3), (j)(5)(C), or
(k)(2), as the case may be;
‘‘(B) shall not be terminated on account of a
change in marital status or for any other reason;
and
‘‘(C) shall be in addition to any reduction made
under section 8339(j)(4) or (k)(1).
‘‘(c) Subsections (a) and (b) shall not apply with re-
spect to an election under section 8339(j)(5)(C) or (k)(2)
if—
‘‘(1) the employee or Member makes such elec-
tion after having made an election under section
8339(k)(1); and
‘‘(2) the election under section 8339(k)(1) be-
comes void under section 8339(j)(5)(C)(iv) or
(k)(2)(B).
‘‘(d) That the total amount withheld under this sec-
tion from the annuity of an employee or Member, as of
time of death or other annuity-terminating event, is less
than the amount described in subsection (a) (including in-
terest) shall not affect either the entitlement of such em-
ployee’s or Member’s survivor to receive the annuity elect-
ed for such survivor under section 8339(j)(3), (j)(5)(C),
or (k)(2) (as the case may be) or the amount of such survi-
vor annuity.’’.
(2) The table of sections for chapter 83 of title 5,
United States Code, is amended by inserting after the
item relating to section 8339 the following:
‘‘8339a. Survivor elections; deposit; offsets.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 8339(j)(3) of title 5, United States Code, is
amended by striking the second through fourth sentences
and inserting the following: ‘‘An election under this para-
graph shall be made at the time of retirement or, if later,
within 2 years after the date on which the marriage of
the former spouse to the employee or Member is dissolved,
and shall become effective the first day of the second
month after the election is received by the Office.’’.
(2) Section 8339(j)(5)(C) of title 5, United States
Code, is amended—
(A) by amending clause (ii) to read as follows:
‘‘(ii) Such election and reduction shall become effec-
tive the first day of the second month after the election
is received by the Office, but not less than 9 months after
the date of the remarriage.’’;
(B) by striking clauses (iii) and (vi); and
(C) by redesignating clauses (iv) and (v) as
clauses (iii) and (iv), respectively.
‘‘(c) Subsections (a) and (b) shall not apply with re-
spect to an election under section 8416 or 8417(b) if—
‘‘(1) the employee or Member makes such elec-
tion after having made an election under section
8420; and
‘‘(2) the election under section 8420 becomes
void under section 8416 (b)(3) or (c)(2).
‘‘(d) That the total amount withheld under this sec-
tion from the annuity of an employee or Member, as of
time of death or other annuity-terminating event, is less
than the amount described in subsection (a) (including in-
terest) shall not affect either the entitlement of such em-
ployee’s or Member’s survivor to receive the annuity elect-
ed for such survivor under section 8416 (b) or (c) or sec-
tion 8417 (as the case may be) or the amount of such
survivor annuity.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 8416(b)(2) of title 5, United States Code, is
amended by striking ‘‘be effective’’ and inserting ‘‘become
effective’’.
(2) The first sentence of section 8416(c)(2) of title
5, United States Code, is amended to read as follows:
‘‘The election and reduction shall become effective the first
day of the second month after the election is received by
the Office, but not less than 9 months after the date of
the marriage.’’.
(3) Section 8417(b)(2) of title 5, United States Code,
is amended to read as follows:
‘‘(2) An election under this subsection—
‘‘(A) shall be made at the time of retirement or,
if the marriage is dissolved after the date of retire-
ment, within 2 years after the date on which the
marriage of the former spouse to the employee or
Member is dissolved; and
‘‘(B) shall become effective the first day of the
second month after the election is received by the
Office.’’.
SEC. 3. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this
Act shall take effect on the first day of the first month
beginning at least 30 days after the date of enactment
of this Act, and shall apply to any amount which first be-
comes payable on or after that date.
(b) REGULATIONS.—In the case of a deposit (under
any of the provisions of law amended by this Act) that
has not been fully paid before the effective date of the
amendments made by this Act, the Office of Personnel
Management shall by regulation establish procedures
under which reductions similar to those provided for under
such amendments shall be applied with respect to the re-
maining portion of such deposit.
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