(3) An election under this subsection—
(A) shall not be effective to the extent that it—
(i) conflicts with—
any agreement referred to in such section 8445(a) which was entered into before such date; or
would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and
The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).