I
105TH CONGRESS
1ST SESSION
H. R. 766
To amend the Internal Revenue Code of 1986 to provide comprehensive
pension protection for women.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mrs. KENNELLY of Connecticut (for herself, Ms. BROWN of Florida, Mrs.
CARSON, Ms. JACKSON-LEE of Texas, Ms. KAPTUR, Mrs. LOWEY, Mrs.
MALONEY of New York, Mrs. MEEK of Florida, Ms. MILLENDER-
MCDONALD, Ms. SANCHEZ, Mrs. MORELLA, and Ms. FURSE) introduced
the following bill; which was referred to the Committee on Ways and
Means, and in addition to the Committees on Education and the
Workforce, Transportation and Infrastructure, and Government Reform
and Oversight, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend the Internal Revenue Code of 1986 to provide
comprehensive pension protection for women.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Comprehensive Women’s Pension Protection Act of
1997’’.
amended by adding at the end the following new
subparagraph:
‘‘(C) 
DEEMED
DOMESTIC
RELATIONS
ORDER UPON DIVORCE.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (iv), a domestic relations
order with respect to a marriage of at least
5 years duration between the participant
and the former spouse (including an annul-
ment or other order of marital dissolution)
shall, if the former spouse, within 60 days
after the receipt of notice under paragraph
(6)(B)(i)(II), so elects, be deemed by the
plan to be a domestic relations order that
specifies that 50 percent of the marital
share of the participant’s accrued benefit
is to be provided to such former spouse.
‘‘(ii) MARITAL
SHARE.—The marital
share shall be the accrued benefit of the
participant under the plan as of the date
of the first payment under the plan (to the
extent such accrued benefit is vested at the
date of the divorce or any later date) mul-
tiplied by a fraction, the numerator of
which is the period of participation by the
participant under the plan starting with
the date of marriage and ending with the
date of divorce, and the denominator of
which is the total period of participation by
the participant under the plan.
‘‘(iii) INTERPRETATION AS QUALIFIED
DOMESTIC RELATIONS ORDER.—Each plan
shall establish reasonable rules for deter-
mining how any such deemed domestic re-
lations order is to be interpreted under the
plan so as to constitute a qualified domes-
tic relations order that satisfies paragraphs
(2) through (4) (and a copy of such rules
shall be provided to such former spouse
promptly after delivery of the divorce de-
cree). Such rules—
‘‘(I) may delay the effect of such
an order until the earlier of the date
the participant is fully vested or has
terminated employment,
‘‘(II) may allow the former
spouse to be paid out immediately,
‘‘(III) shall permit the former
spouse to be paid not later than the
earliest retirement age under the plan
or the participant’s death,
‘‘(IV) may require the submitter
of the divorce decree to present a
marriage certificate or other evidence
of the marriage date to assist in bene-
fit calculations, and
‘‘(V) may conform to the rules
applicable to qualified domestic rela-
tions orders regarding form or type of
benefit.
‘‘(iv) APPLICATION.—This subpara-
graph shall not apply—
‘‘(I) if the domestic relations
order states that pension benefits
were considered by the parties and no
division is intended, or
‘‘(II) to the extent that a quali-
fied domestic relations order issued in
connection with such divorce provides
otherwise.’’.
(2) 
NOTIFICATION
PROCEDURES.—Section
414(p)(6) of such Code (relating to plan procedures
with respect to orders) is amended by striking sub-
paragraph (A), by redesignating subparagraph (B)
as subparagraph (C), and by inserting before sub-
paragraph (C) (as so redesignated) the following
new subparagraphs:
‘‘(A) NOTICE AND DETERMINATION BY AD-
MINISTRATOR.—In the case of any domestic re-
lations order received by a plan, including such
an order received under subparagraph (B) or
section 4980B(f)(6)(C)—
‘‘(i) within 14 days after receipt of
such order, the plan administrator shall—
‘‘(I) notify the participant and
each alternate payee of the receipt of
such order and the plan’s procedures
for determining the qualified status of
domestic relation orders, and
‘‘(II) notify the former spouse of
such former spouse’s rights under
paragraph (1)(C), and
‘‘(ii) within a reasonable period after
receipt of such order, the plan adminis-
trator shall determine whether such order
is a qualified domestic relations order and
notify the participant and each alternate
payee of such determination.
‘‘(B) NOTIFICATION
OF
PLAN
ADMINIS-
TRATOR.—In the case of a domestic relations
order which is not a qualified domestic relations
order, each plan—
‘‘(i) shall require that each participant
is responsible for notifying the plan admin-
istrator of the occurrence of a divorce of
the participant from the former spouse and
for delivery to the plan administrator of
the domestic relations order along with the
information required by paragraph (2)(A)
within 60 days after the date of the di-
vorce, and
‘‘(ii) shall allow a former spouse to so
notify the plan administrator and deliver to
the plan administrator the domestic rela-
tions order within 60 days after the date
of the divorce.’’.
(b) AMENDMENTS TO THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.—
(1) IN GENERAL.—Subsection (d)(3)(B) of sec-
tion 206 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1056) is amended—
(A) by striking ‘‘this paragraph—’’ and in-
serting ‘‘this paragraph:’’,
(B) in clause (i)—
(i) by striking ‘‘the term’’ and insert-
ing ‘‘The term’’, and
(ii) by striking ‘‘met, and’’ and insert-
ing ‘‘met.’’,
(C) in clause (ii), by striking ‘‘the term’’
and inserting ‘‘The term’’, and
(D) by adding at the end the following new
clause:
‘‘(iii)(I) Except as provided on subclause (IV),
a domestic relations order with respect to a marriage
of at least 5 years duration between the participant
and the former spouse (including an annulment or
other order of marital dissolution) shall, if the
former spouse, within 60 days after the receipt of
notice under subparagraph (G)(ii)(I)(bb), so elects,
be deemed by the plan to be a domestic relations
order that specifies that 50 percent of the marital
share of the participant’s accrued benefit is to be
provided to such former spouse.
‘‘(II) The marital share shall be the accrued
benefit of the participant under the plan as of the
date of the first payment under the plan (to the ex-
tent such accrued benefit is vested at the date of the
divorce or any later date) multiplied by a fraction,
other evidence of the marriage date to assist in
benefit calculations, and
‘‘(ee) may conform to the rules applicable
to qualified domestic relations orders regarding
form or type of benefit.
‘‘(IV) This clause shall not apply—
‘‘(aa) if the domestic relations order states
that pension benefits were considered by the
parties and no division is intended, or
‘‘(bb) to the extent that a qualified domes-
tic relations order issued in connection with
such divorce provides otherwise.’’.
(2) 
NOTIFICATION
PROCEDURES.—Section
206(d)(3)(G) of such Act (29 U.S.C. 1056(d)(3)(G))
is amended by striking all matter before clause (ii),
by redesignating clause (ii) as clause (iii), and by in-
serting before clause (iii) (as so redesignated) the
following:
‘‘(G)(i) In the case of any domestic relations order
received by a plan, including such an order received under
clause (ii) or section 606(a)(3)—
‘‘(I) within 14 days after receipt of such order,
the plan administrator shall—
‘‘(aa) notify the participant and each alter-
nate payee of the receipt of such order and the
plan’s procedures for determining the qualified
status of domestic relation orders, and
‘‘(bb) notify the former spouse of such
former spouse’s rights under subparagraph
(B)(iii), and
‘‘(II) within a reasonable period after receipt of
such order, the plan administrator shall determine
whether such order is a qualified domestic relations
order and notify the participant and each alternate
payee of such determination.
‘‘(ii) In the case of a domestic relations order which
is not a qualified domestic relations order, each plan—
‘‘(I) shall require that each participant is re-
sponsible for notifying the plan administrator of the
occurrence of a divorce of the participant from the
former spouse and for delivery to the plan adminis-
trator of the domestic relations order along with the
information required by subparagraph (C)(i) within
60 days after the date of the divorce, and
‘‘(II) shall allow a former spouse to so notify
the plan administrator and deliver to the plan ad-
ministrator the domestic relations order within 60
days after the date of the divorce.’’.
SEC. 104. CLARIFICATION OF CONTINUED AVAILABILITY OF
REMEDIES RELATING TO MATTERS TREATED
IN DOMESTIC RELATIONS ORDERS ENTERED
BEFORE 1985.
(a) IN GENERAL.—In any case in which—
(1) under a prior domestic relations order en-
tered before January 1, 1985, in an action for di-
vorce—
(A) the right of a spouse under a pension
plan to an accrued benefit under such plan was
not divided between spouses,
(B) any right of a spouse with respect to
such an accrued benefit was waived without the
informed consent of such spouse, or
(C) the right of a spouse as a participant
under a pension plan to an accrued benefit
under such plan was divided so that the other
spouse received less than such other spouse’s
pro rata share of the accrued benefit under the
plan, or
(2) a court of competent jurisdiction determines
that any further action is appropriate with respect
to any matter to which a prior domestic relations
order entered before such date applies,
nothing in the provisions of section 104, 204, or 303 of
the Retirement Equity Act of 1984 (Public Law 98–397)
or the amendments made thereby shall be construed to
require or permit the treatment, for purposes of such pro-
visions, of a domestic relations order, which is entered on
or after the date of the enactment of this Act and which
supersedes, amends the terms of, or otherwise affects such
prior domestic relations order, as other than a qualified
domestic relations order solely because such prior domestic
relations order was entered before January 1, 1985.
(b) DEFINITIONS.—For purposes of this section—
(1) IN GENERAL.—Terms used in this section
which are defined in section 3 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C.
1002) shall have the meanings provided such terms
by such section.
(2) PRO
RATA
SHARE.—The term ‘‘pro rata
share’’ of a spouse means, in connection with an ac-
crued benefit under a pension plan, 50 percent of
the product derived by multiplying—
(A) the actuarial present value of the ac-
crued benefit, by
(B) a fraction—
(i) the numerator of which is the pe-
riod of time, during the marriage between
the spouse and the participant in the plan,
which constitutes creditable service by the
participant under the plan, and
(ii) the denominator of which is the
total period of time which constitutes cred-
itable service by the participant under the
plan.
(3) PLAN.—All pension plans in which a person
has been a participant shall be treated as one plan
with respect to such person.
SEC. 105. ENTITLEMENT OF DIVORCED SPOUSES TO RAIL-
ROAD RETIREMENT ANNUITIES INDEPEND-
ENT 
OF 
ACTUAL 
ENTITLEMENT 
OF 
EM-
PLOYEE.
Section 2 of the Railroad Retirement Act of 1974 (45
U.S.C. 231a) is amended—
(1) in subsection (c)(4)(i), by striking ‘‘(A) is
entitled to an annuity under subsection (a)(1) and
(B)’’; and
(2) in subsection (e)(5), by striking ‘‘or di-
vorced wife’’ the second place it appears.
SEC. 106. EFFECTIVE DATES.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this title, other than section
101, shall apply with respect to plan years beginning on
or after January 1, 1998, and the amendments made by
section 103 shall apply only with respect to divorces be-
coming final in such plan years.
(b) SPECIAL RULE FOR COLLECTIVELY BARGAINED
PLANS.—In the case of a plan maintained pursuant to 1
or more collective bargaining agreements between em-
ployee representatives and 1 or more employers ratified
on or before the date of the enactment of this Act, sub-
section (a) shall be applied to benefits pursuant to, and
individuals covered by, any such agreement by substituting
for ‘‘January 1, 1998’’ the date of the commencement of
the first plan year beginning on or after the earlier of—
(1) the later of—
(A) January 1, 1999, or
(B) the date on which the last of such col-
lective bargaining agreements terminates (de-
termined without regard to any extension there-
of after the date of the enactment of this Act),
or
(2) January 1, 2000.
(c) PLAN AMENDMENTS.—If any amendment made
by this title requires an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after January 1, 2000, if—
(1) during the period after such amendment
made by this title takes effect and before such first
‘‘(d) Notwithstanding any other provision of law, the
payment of any portion of an annuity computed under sec-
tion 3(b) to a surviving former spouse in accordance with
a court decree of divorce, annulment, or legal separation
or the terms of any court-approved property settlement
incident to any such court decree shall not be terminated
upon the death of the individual who performed the service
with respect to which such annuity is so computed unless
such termination is otherwise required by the terms of
such court decree.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 202. SURVIVOR ANNUITIES FOR WIDOWS, WIDOWERS,
AND FORMER SPOUSES OF FEDERAL EM-
PLOYEES WHO DIE BEFORE ATTAINING AGE
FOR 
DEFERRED 
ANNUITY 
UNDER 
CIVIL
SERVICE RETIREMENT SYSTEM.
(a) BENEFITS FOR WIDOW OR WIDOWER.—Section
8341(f) of title 5, United States Code, is amended—
(1) in the matter preceding paragraph (1) by—
(A) by inserting ‘‘a former employee sepa-
rated from the service with title to deferred an-
nuity from the Fund dies before having estab-
lished a valid claim for annuity and is survived
by a spouse, or if’’ before ‘‘a Member’’; and
(B) by inserting ‘‘of such former employee
or Member’’ after ‘‘the surviving spouse’’;
(2) in paragraph (1)—
(A) by inserting ‘‘former employee or’’ be-
fore ‘‘Member commencing’’; and
(B) by inserting ‘‘former employee or’’ be-
fore ‘‘Member dies’’; and
(3) in the undesignated sentence following para-
graph (2)—
(A) in the matter preceding subparagraph
(A) by inserting ‘‘former employee or’’ before
‘‘Member’’; and
(B) in subparagraph (B) by inserting
‘‘former employee or’’ before ‘‘Member’’.
(b) BENEFITS
FOR
FORMER
SPOUSE.—Section
8341(h) of title 5, United States Code, is amended—
(1) in paragraph (1) by adding after the first
sentence ‘‘Subject to paragraphs (2) through (5) of
this subsection, a former spouse of a former em-
ployee 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 pro-
vided 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 de-
cree.’’; and
(2) in paragraph (2)—
(A) in subparagraph (A)(ii) by striking ‘‘or
annuitant,’’ and inserting ‘‘annuitant, or former
employee’’; and
(B) in subparagraph (B)(iii) by inserting
‘‘former employee or’’ before ‘‘Member’’.
(c) PROTECTION OF SURVIVOR BENEFIT RIGHTS.—
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 appli-
cation of this subsection to the widow, widower, or surviv-
ing 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 estab-
lished a valid claim for annuity.’’.
(d) EFFECTIVE DATE.—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.
SEC. 203. COURT ORDERS RELATING TO FEDERAL RETIRE-
MENT BENEFITS FOR FORMER SPOUSES OF
FEDERAL EMPLOYEES.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—
(1) IN GENERAL.—Section 8345(j) of title 5,
United States Code, is amended—
(A) by redesignating paragraph (3) as
paragraph (4); and
(B) by inserting after paragraph (2) the
following new paragraph:
‘‘(3) Payment to a person under a court decree, court
order, property settlement, or similar process referred to
under paragraph (1) shall include payment to a former
spouse of the employee, Member, or annuitant.’’.
(2) LUMP-SUM
BENEFITS.—Section 8342 of
title 5, United States Code, is amended—
(A) in subsection (c) by striking ‘‘Lump-
sum benefits’’ and inserting ‘‘Subject to sub-
section (j), lump-sum benefits’’; and
(B) in subsection (j)(1) by striking ‘‘the
lump-sum credit under subsection (a) of this
section’’ and inserting ‘‘any lump-sum credit or
lump-sum benefit under this section’’.
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM.—
Section 8467 of title 5, United States Code, is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the follow-
ing new subsection:
‘‘(c) Payment to a person under a court decree, court
order, property settlement, or similar process referred to
under subsection (a) shall include payment to a former
spouse of the employee, Member, or annuitant.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
TITLE III—REFORMS RELATED
TO 401(K) PLANS
SEC. 301. REQUIREMENT OF ANNUAL, DETAILED INVEST-
MENT REPORTS APPLIED TO CERTAIN 401(k)
PLANS.
(a) IN GENERAL.—Section 104(b)(3) of the Em-
ployee Retirement Income Security Act of 1974 (29
U.S.C. 1024(b)(3)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B)(i) If a plan includes a qualified cash or
deferred 
arrangement 
(as 
defined 
in 
section
401(k)(2) of the Internal Revenue Code of 1986)
and is maintained by an employer with less than 100
participants, the administrators shall furnish to each
participant and to each beneficiary receiving benefits
under the plan an annual investment report detail-
ing such information as the Secretary by regulation
shall require.
‘‘(ii) Clause (i) shall not apply with respect to
any participant described in section 404(c).’’.
(b) REGULATIONS.—
(1) IN GENERAL.—The Secretary of Labor, in
prescribing 
regulations 
required 
under 
section
104(b)(3)(B)(i) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1023(b)(3)(B)(i)),
as added by subsection (a), shall consider including
in the information required in an annual investment
report the following:
(A) Total plan assets and liabilities as of
the beginning and ending of the plan year.
(B) Plan income and expenses and con-
tributions made and benefits paid for the plan
year.
(C) Any transaction between the plan and
the employer, any fiduciary, or any 10-percent
owner during the plan year, including the acqui-
sition of any employer security or employer real
property.
(D) Any noncash contributions made to or
purchases of nonpublicly traded securities made
by the plan during the plan year without an ap-
praisal by an independent third party.
(2) ELECTRONIC TRANSFER.—The Secretary of
Labor in prescribing such regulations shall also
make provision for the electronic transfer of the re-
quired annual investment report by a plan adminis-
trator to plan participants and beneficiaries.
(c) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to plan years beginning after
the date of the enactment of this Act.
SEC. 302. SECTION 401(k) INVESTMENT PROTECTION.
(a) LIMITATIONS ON INVESTMENT IN EMPLOYER SE-
CURITIES AND EMPLOYER REAL PROPERTY BY CASH OR
DEFERRED ARRANGEMENTS.—Paragraph (3) of section
407(d) of the Employee Retirement Income Security Act
of 1974 (29 U.S.C. 1107(d)) is amended by adding at the
end the following new subparagraph:
‘‘(D) The term ‘eligible individual account plan’
does not include that portion of an individual ac-
count plan that consists of elective deferrals (as de-
fined in section 402(g)(3) of the Internal Revenue
Code of 1986) pursuant to a qualified cash or de-
ferred arrangement as defined in section 401(k) of
the Internal Revenue Code of 1986 (and earnings
thereon), if such elective deferrals (or earnings
thereon) are required to be invested in qualifying
employer securities or qualifying employer real prop-
erty or both pursuant to the documents and instru-
ments governing the plan or at the direction of a
person other than the participant (or the partici-
pant’s beneficiary) on whose behalf such elective de-
ferrals are made to the plan. For the purposes of
subsection (a), such portion shall be treated as a
separate plan. This subparagraph shall not apply to
an individual account plan if the fair market value
of the assets of all individual account plans main-
tained by the employer equals not more than 10 per-
cent of the fair market value of the assets of all pen-
sion plans maintained by the employer.’’.
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall take effect on the date of the en-
actment of this Act.
(2) TRANSITION
RULE
FOR
PLANS
HOLDING
EXCESS SECURITIES OR PROPERTY.—
(A) IN GENERAL.—In the case of a plan
which on the date of the enactment of this Act,
has holdings of employer securities and em-
ployer real property (as defined in section
407(d) of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1107(d)) in ex-
cess of the amount specified in such section
407, the amendment made by this section ap-
plies to any acquisition of such securities and
property on or after such date, but does not
apply to the specific holdings which constitute
such excess during the period of such excess.
(B) SPECIAL RULE FOR CERTAIN ACQUISI-
TIONS.—Employer securities and employer real
property acquired pursuant to a binding written
contract to acquire such securities and real
property entered into and in effect on the date
of the enactment of this Act, shall be treated as
acquired immediately before such date.
TITLE 
IV—MODIFICATIONS 
OF
JOINT AND SURVIVOR ANNU-
ITY REQUIREMENTS
SEC. 401. MODIFICATIONS OF JOINT AND SURVIVOR ANNU-
ITY REQUIREMENTS.
(a) AMENDMENTS TO ERISA.—
(1) AMOUNT OF ANNUITY.—
(A) IN GENERAL.—Paragraph (1) of sec-
tion 205(a) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1055(a)) is
amended by inserting ‘‘or, at the election of the
participant, shall be provided in the form of a
qualified joint and 2⁄3 survivor annuity’’ after
‘‘survivor annuity,’’.
(B) DEFINITION.—Subsection (d) of sec-
tion 205 of such Act (29 U.S.C. 1055) is
amended—
(i) by redesignating paragraphs (1)
and (2) as subparagraphs (A) and (B), re-
spectively,
(ii) by inserting ‘‘(1)’’ after ‘‘(d)’’,
and
(iii) by adding at the end the follow-
ing new paragraph:
‘‘(2) For purposes of this section, the term ‘‘qualified
joint and 2⁄3 survivor annuity’’ means an annuity—
‘‘(A) for the participant while both the partici-
pant and the spouse are alive with a survivor annu-
ity for the life of surviving individual (either the par-
ticipant or the spouse) equal to 67 percent of the
amount of the annuity which is payable to the par-
ticipant while both the participant and the spouse
are alive,
‘‘(B) which is the actuarial equivalent of a sin-
gle annuity for the life of the participant, and
‘‘(C) which, for all other purposes of this Act,
is treated as a qualified joint and survivor annuity.’’.
(2) ILLUSTRATION REQUIREMENT.—Clause (i)
of section 205(c)(3)(A) of such Act (29 U.S.C.
1055(c)(3)(A)) is amended to read as follows:
‘‘(i) the terms and conditions of each qualified
joint and survivor annuity and qualified joint and
2⁄3 survivor annuity offered, accompanied by an illus-
tration of the benefits under each such annuity for
the particular participant and spouse and an ac-
knowledgement form to be signed by the participant
and the spouse that they have read and considered
the illustration before any form of retirement benefit
is chosen,’’.
(b) AMENDMENTS TO INTERNAL REVENUE CODE.—
(1) AMOUNT OF ANNUITY.—
(A) IN
GENERAL.—Clause (i) of section
401(a)(11)(A) of the Internal Revenue Code of
1986 (relating to requirement of joint and sur-
vivor annuity and preretirement survivor annu-
ity) is amended by inserting ‘‘or, at the election
of the participant, shall be provided in the form
of a qualified joint and 2⁄3 survivor annuity’’
after ‘‘survivor annuity,’’.
(B) DEFINITION.—Section 417 of such
Code (relating to definitions and special rules
for purposes of minimum survivor annuity re-
quirements) is amended by redesignating sub-
section (f) as subsection (g) and by inserting
after subsection (e) the following new sub-
section:
‘‘(f) DEFINITION OF QUALIFIED JOINT AND 2⁄3 SUR-
VIVOR ANNUITY.—For purposes of this section and section
401(a)(11), the term ‘‘qualified joint and 2⁄3 survivor an-
nuity’’ means an annuity—
‘‘(1) for the participant while both the partici-
pant and the spouse are alive with a survivor annu-
ity for the life of surviving individual (either the par-
ticipant or the spouse) equal to 67 percent of the