References in Text
The Federal Employees’ Retirement System Act of 1986, referred to in subsec. (a), is Pub. L. 99–335, June 6, 1986, 100 Stat. 514. Title III of the Federal Employees’ Retirement System Act of 1986 amended sections 3121 and 6103 of Title 26, Internal Revenue Code, section 1005 of Title 39, Postal Service, and section 410 of Title 42, The Public Health and Welfare, enacted provisions set out as notes under sections 8331, 8401, 8432, and 8472 of this title and section 6103 of Title 26, and amended provisions set out as a note under section 8331 of this title. Section 302 of that Act is set out as a note under section 8331 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 8401 of this title and Tables.
Amendments
2000—Subsec. (j)(1). Pub. L. 106–361 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Payment of the lump-sum credit under subsection (a) of this section—
“(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member’s application; and
“(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if—
“(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and
“(ii) payment of the lump-sum credit would extinguish entitlement of the employee’s or Member’s spouse or former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.”
1990—Subsec. (a). Pub. L. 101–508 inserted “or 8334(d)(2)” after “8343a” in second sentence.
1988—Subsec. (a). Pub. L. 100–238 amended last sentence of subsec. (a) generally. Prior to amendment, last sentence read as follows: “In applying this subsection with respect to an employee or Member who becomes subject to chapter 84 of this title, entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, and to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees’ Retirement System Act of 1986.”
1986—Subsec. (a). Pub. L. 99–335 inserted “, or chapter 84 of this title,” in pars. (1)(B) and (3), substituted “Except as provided in section 8343a of this title, the” for “The” in second sentence, and inserted provisions regarding entitlement by an employee or Member who becomes subject to chapter 84 of this title to payment of a lump-sum credit.
Subsec. (j)(1)(B). Pub. L. 99–251 amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “in any case in which there is a former spouse, shall be subject to the terms of a court order or decree issued with respect to such former spouse if—
“(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and
“(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under section 8341(h) of this title or to any portion of an annuity under section 8345(j) of this title.”
1984—Subsec. (a). Pub. L. 98–615, § 2(5)(A), substituted “Subject to subsection (j) of this section, an” for “An” in provisions preceding par. (1).
Subsec. (j). Pub. L. 98–615, § 2(5)(B), added subsec. (j).
1982—Subsec. (a). Pub. L. 97–346 substituted “such a position” for “such position” in par. (1)(B).
Pub. L. 97–253, § 303(c), substituted provisions that an employee or Member who is separated from the service for at least 31 consecutive days or is transferred to a position in which he is not subject to this subchapter for 31 days, and who files an application with the Office of Personnel Management for payment of a lump-sum credit, is not reemployed in a position subject to this subchapter at the time of filing, and will not be eligible for an annuity within 31 days of filing, is entitled to be paid the lump-sum credit and upon receipt of such payment, all annuity rights based on the service upon which the credit is based are voided until reemployment under this subchapter occurs for provisions that such employee or Member who was separated from the service, or was transferred to a position in which he did not continue subject to this subchapter, was entitled to be paid the lump-sum credit if his separation or transfer occurred and application for payment was filed with the Office of Personnel Management at least 31 days before the earliest commencing date of any annuity for which he was eligible, that the receipt of payment of the lump-sum credit by the individual voided all annuity rights under this subchapter until he was reemployed in the service subject to this subchapter, and that this subsection also applied to an employee or Member separated before October 1, 1956, after completing at least 20 years of civilian service.
1978—Subsecs. (a) to (c), (g). Pub. L. 95–454 substituted “Office of Personnel Management” for “Civil Service Commission” and “Office” for “Commission”.
Reestablishment of Right To Receive Annuity by Judges Who Received Lump-sum Credit
Pub. L. 96–504, § 2, Dec. 5, 1980, 94 Stat. 2741, provided that:
“A present or former justice or judge of the United States, as defined by
section 451 of title 28, United States Code, who, prior to the effective date of this section [
Dec. 5, 1980], voided his right to receive an annuity under subchapter III of
chapter 83 of title 5, United States Code, by applying for and receiving a refund of his
lump-sum credit while serving as such a justice or judge may, upon application filed with the
Office of Personnel Management within one year following the effective date of this section, redeposit such refund with interest computed under section 8334(e) of such title 5 and thereby reestablish his right to receive an annuity under such subchapter effective on the date he otherwise was eligible to receive an annuity. The surviving spouse of any such justice or judge who dies before the effective date of this section may apply to make such redeposit within one year following the effective date of this section and receive both (1) the amount of the annuity which the justice or judge would have been entitled to receive before his death had application been made by him for the annuity and (2) any
survivor annuity the justice or judge could have provided under the provisions of law in effect at the time of separation from the
service on which title to the annuity is based.”
