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U.S. Code, Title 5, Government Organization and Employees
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General SummaryThe U.S. Code is a consolidation and codification by subject matter of the general and permanent laws of the United States. While every effort has been made to ensure that this reproduction of the Code is accurate, those using it for legal purposes should verify their results against the printed version of the Code available through the Government Printing Office.
§ 8417. Survivor Reduction for a Former Spouse
(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.
(b)(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or
(II) any agreement referred to in such section 8445(a) which was entered into before such date; or
(ii) 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
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse’s written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).
(Added Pub. L. 99–335, title I, § 101(a), June 6, 1986, 100 Stat. 530.)
Section Referred to in Other Sections
This section is referred to in sections 8418, 8442, 8445, 8901, 8905 of this title; title 22 section 4071j; title 50 section 2154.
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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "§ 8417. Survivor Reduction for a Former Spouse," U.S. Code, Title 5, Government Organization and Employees in U.S. Code, Title 5, Government Organization and Employees (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed March 21, 2025, http://www.originalsources.com/Document.aspx?DocID=4WK1RP6ZSCSSZAK.
MLA: "U.S. Congress, Office of the Law Revision Counsel". "§ 8417. Survivor Reduction for a Former Spouse." U.S. Code, Title 5, Government Organization and Employees, in U.S. Code, Title 5, Government Organization and Employees, Washington, D.C., Government Printing Office, 2002, Original Sources. 21 Mar. 2025. http://www.originalsources.com/Document.aspx?DocID=4WK1RP6ZSCSSZAK.
Harvard: "U.S. Congress, Office of the Law Revision Counsel", '§ 8417. Survivor Reduction for a Former Spouse' in U.S. Code, Title 5, Government Organization and Employees. cited in 2002, U.S. Code, Title 5, Government Organization and Employees, Government Printing Office, Washington, D.C.. Original Sources, retrieved 21 March 2025, from http://www.originalsources.com/Document.aspx?DocID=4WK1RP6ZSCSSZAK.
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