I
105TH CONGRESS
1ST SESSION
H. R. 1105
To provide additional pension security for spouses and former spouses, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 18, 1997
Mrs. LOWEY introduced the following bill; which was referred to the Commit-
tee on Ways and Means, and in addition to the Committees on Education
and the Workforce, Government Reform and Oversight, and Transpor-
tation and Infrastructure, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To provide additional pension security for spouses and former
spouses, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Women’s Pension Eq-
uity Act of 1997’’.
SEC. 2. MODEL SPOUSAL CONSENT FORM AND QUALIFIED
DOMESTIC RELATIONS ORDER.
(a) MODEL SPOUSAL CONSENT FORM.—
(1) AMENDMENT
TO
INTERNAL
REVENUE
CODE.—Section 417(a) of the Internal Revenue
Code of 1986 is amended by adding at the end the
following new paragraph:
‘‘(7) CONSENT FORM.—The Secretary shall de-
velop a form not later than January 1, 1998, for the
spousal consent required under paragraph (2)
which—
‘‘(A) is written in a manner calculated to
be understood by the average person, and
‘‘(B) discloses in plain form whether—
‘‘(i) the waiver is irrevocable, and
‘‘(ii) the waiver may be revoked by a
qualified domestic relations order.’’.
(2) AMENDMENT TO ERISA.—Section 205(c) of
the Employee Retirement Income Security Act of
1974 (29 U.S.C. 1055(c)) is amended by adding at
the end the following new paragraph:
‘‘(9) The Secretary of the Treasury shall develop a
form not later than January 1, 1998, for the spousal con-
sent required under paragraph (2) which—
‘‘(A) is written in a manner calculated to be un-
derstood by the average person, and
‘‘(B) discloses in plain form whether—
‘‘(i) the waiver is irrevocable, and
‘‘(A) which meets all the requirements of
paragraph (1)(A), and
‘‘(B) the provisions of which focus atten-
tion on the need to consider the treatment of
any lump sum payment, qualified joint and sur-
vivor annuity, or qualified preretirement survi-
vor annuity.’’.
(c) PUBLICITY.—The Secretary of the Treasury and
the Secretary of Labor shall include publicity for the
model forms required by the amendments made by this
section in the pension outreach efforts undertaken by each
Secretary.
SEC. 3. EXTENSION OF TIER II RAILROAD RETIREMENT
BENEFITS TO SURVIVING FORMER SPOUSES
PURSUANT TO DIVORCE AGREEMENTS.
(a) IN GENERAL.—Section 5 of the Railroad Retire-
ment Act of 1974 (45 U.S.C. 231d) is amended by adding
at the end the following new subsection:
‘‘(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. 4. 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’’
before ‘‘Member commencing’’; and
(B) by inserting ‘‘former employee or’’
before ‘‘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 at the end the
following: ‘‘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 adding at the end the following: ‘‘The Office
shall provide by regulation for the application of this sub-
section 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.’’.
(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. 5. 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.
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