A bill to amend chapter 83 of title 5, United States Code, to grant an annuitant the right to elect within 1 year after remarriage whether such annuitant's new spouse shall be entitled, if otherwise qualified, to a survivor annuity, and to eliminate the annuity reduction made by an unmarried annuitant to provide a survivor annuity to an individual having an insurable interest in cases where such individual predeceases the annuitant.
PL 95-317 (H.R.3447), enacted 07/10/1978

92 STAT. 382 
PUBLIC LAW 95-317—JULY 10, 1978 
July 10, 1978 
[H.R. 3447] 
Civil service 
retirement 
annuities. 
Payments to 
surviving 
spouses. 
Notice. 
Effective date. 
5 use 8339 
note. 
Effective date. 
5 use 8339 
note. 
Public Law 95-317 
95th Congress 
An Act 
To amend chapter 83 of title 5, United States Code, to grant an annuitant the 
right to elect within one year after remarriage whether such annuitant's new 
spouse shall be entitled, if otherwise qualified, to a survivor annuity, and to 
eliminate the annuity reduction made by an unmarried annuitant to provide 
a survivor annuity to an individual having an insurable interest in cases where 
such individual predeceases the annuitant. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States 
of Ameiica 
in Congress assembled, That (a) section 
8339(j) of title 5, United States Code, is amended by striking out the 
second and third sentences and inserting in lieu thereof the following: 
"An annuity which is reduced under this subsection or any similar 
prior provision of law shall, for each full month during which a 
retired employee or Member is not married (or is remarried if there is 
no election in effect under the following sentence), be recomputed and 
paid as if the annuity had not been so reduced. Upon remarriage the 
retired employee or Member may irrevocably elect during such mar-
riage, in a signed writing received in the Commission within 1 year 
after such remarriage, a reduction in his annunity for the purpose of 
allowing an annuity for his spouse in the event such spouse survives 
him. Such reduction shall be equal to the reduction in effect immedi-
ately before the dissolution of the previous marriage, and shall be effec-
tive the first day of the first month beginning 1 year after the date of 
remarriage.". 
(b) Section 8341(b) (1) of title 5, United States Code, is amended 
by striking out "unless the employee or Member" and all that follows, 
and inserting in lieu thereof the following: "unless the employee or 
Member has notified the Commission in writing at the time of retire-
ment that he does not desire any spouse surviving him to receive his 
annuity, or in the case of remarriage, he did not file an election under 
the third sentence of section 8339 (j) of this title.". 
(c) The second sentence of section 8339(k) (2) of title 5, United 
States Code, is amended to read as follows: "The reduced annuity shall 
be effective the first day of the first month beginning 1 year after the 
date of marriage.". 
SEC. 2. Section 8339 (k) (1) of title 5, United States Code, is amended 
by adding at the end thereof the following: "An annuity which is 
reduced under this paragraph or any similar prior provision of law 
shall, effective the first day of the month following the death of the 
individual named under this paragraph, be recomputed and paid as 
if the annuity had not been so reduced.". 
SEC. 3. The Civil Service Commission shall, on an annual basis, 
inform each annuitant of such annuitant's rights of election under 
sections 8339(j) and 8339(k) (2) of title 5, United States Code. 
SEC. 4. (a) This Act shall take effect— 
(1) the first day of the first month which begins on or after 
the date of the enactment of this Act, or 
(2) October 1, 1978, 
whichever is later. 
PUBLIC LAW 95-317—JULY 10, 1978 
92 STAT. 383 
(b) Except as provided under subsection (c) of this section, the 
amendments made by the first section and section 2 of this Act shall 
apply with respect to annuities which commence before, on, or after 
the effective date of this Act, but no monetary benefit by reason of 
such amendments shall accrue for any period before such effective 
date. 
(c) The amendments made by the first section of this Act shall Notice, 
not affect the eligibility of any individual to a survivor annuity under 
section 8341(b) of title 5, United States Code, or the reduction there-
for under section 8339 (j) of such title, in the case of an annuitant 
who remarried before the effective date of this Act, unless the annui-
tant notifies the Civil Service Commission in a signed writing received 
in the Commission within one year after the effective date of this 
Act that such annuitant does not desire the spouse of the annuitant to 
receive a survivor annuity in the event of the annuitant's death. Such Effective date, 
notification shall take effect the first day of the first month after it is 
received in the Commission. 
Approved July 10, 1978. 
LEGISLATIVE- HISTORY: 
HOUSE REPORT No. 95-283 (Comm. on Post Office and Civil Service). 
SENATE REPORT No. 95-904 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 123 (1977): June 6, considered and passed House. 
Vol. 124 (1978): June 19, considered and passed Senate, amended. 
June 26, House concurred in Senate amendment.