(1)An individual who makes an election under subsection (b) or (c) ofsection
8416 or section
8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (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, and in the case of an election under such section
8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section
8419(b)), plus interest.
(2)Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
(b)The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section
8452, including adjustments under section
8462. The reduction required by this subsection, which shall be effective at the same time as the election under section
8416(b) and (c) orsection
8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section
8416(b) and (c) orsection
(c)Subsections (a) and (b) shall not apply if—
(1)the employee or Member makes an election under section
8416(b) or (c) after having made an election under section
(2)the election under such section
8420 becomes void under subsection (b)(3) or (c)(2) of such section
(d)The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.
1993—Subsec. (a)(1). Pub. L. 103–66, § 11004(b)(1), struck out “, before the expiration of the 2-year period involved,” after “into the Fund”.
Subsec. (b). Pub. L. 102–66, § 11004(b)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “If the electing individual does not make the deposit required under subsection (a), the Office shall collect such amount by offset against such individual’s annuity, up to a maximum of 25 percent of the net annuity otherwise payable, and the individual is deemed to consent to such offset.”
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–66effective on first day of first month beginning at least 30 days after Aug. 10, 1993, and applicable to all deposits required under section
8339(j)(3) or (5),
8418 of this title, on which no payment has been made prior to such effective date, with provision for partial deposit, see section 11004(c) ofPub. L. 103–66, set out as a note under section
8339 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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