United States Code (Last Updated: May 24, 2014) |
Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
Part III. EMPLOYEES |
SubPart G. Insurance and Annuities |
Chapter 83. RETIREMENT |
SubChapter III. CIVIL SERVICE RETIREMENT |
§ 8343a. Alternative forms of annuities
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(a) The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under section 8337 of this title), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title) based on the service of the employee or Member. (b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be— (1) an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life; and (2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for— (A) payment of the lump-sum credit to the employee or Member; and (B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse. (c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r), and (s) of section 8339. (d) An employee or Member who, at the time of retiring under this subchapter— (1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8339(j)(1) of this title; or (2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified. (e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8339(o) of this title, subject to the deposit requirement thereunder.
Amendments
2000—Subsec. (c). Pub. L. 106–553 substituted “(a)–(i), (n), (q), (r), and (s)” for “(a)–(i), (n), (q), and (r)”.
1997—Subsec. (c). Pub. L. 105–61, which directed the substitution of “(q), and (r) of section 8339” for “and (q) of section 8339 of this title” in section 8334a(c), was executed by making the substitution in subsec. (c) of this section to reflect the probable intent of Congress, because there is no section 8334a in this title.
1993—Subsec. (a). Pub. L. 103–66, § 11002(a)(1), substituted “any employee or Member who has a life-threatening affliction or other critical medical condition” for “an employee or Member”.
Subsec. (f). Pub. L. 103–66, § 11002(a)(2), struck out subsec. (f) which prohibited election of alternative form of annuity where commencement date would be after
1990—Subsec. (c). Pub. L. 101–428 substituted “(a)–(i), (n), and (q)” for “(a)–(i) and (n)”.
Subsec. (f). Pub. L. 101–508 added subsec. (f).
Effective Date Of Amendment
Amendment by Pub. L. 106–553 effective on the first day of the first applicable pay period that begins on
Amendment by Pub. L. 105–61 applicable to any annuity commencing before, on, or after
Section 11002(d) of Pub. L. 103–66 provided that:
Effective Date
Section effective
Miscellaneous
Section 7001(a)(4) of Pub. L. 101–508 provided that:
Pub. L. 101–239, title IV, § 4005,
[Section 7001(a)(2)(C)(ii) of Pub. L. 101–508 provided that:
Similar provisions were contained in the following acts:
Pub. L. 101–227, § 2,
Pub. L. 100–203, title VI, § 6001,