[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3428 Introduced in House (IH)]

  2d Session
                                H. R. 3428

 For the relief of certain former spouses of employees of the Federal 
                              Government.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 9, 1996

  Mr. Oxley introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
 For the relief of certain former spouses of employees of the Federal 
                              Government.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ELIGIBILITY FOR SURVIVOR ANNUITY BENEFITS.

    For the purpose of determining eligibility for survivor annuity 
benefits for a former spouse under section 8341 of title 5, United 
States Code, an application of any former spouse shall be approved if--
            (1) the annuitant is deceased;
            (2) the former spouse was living as of January 1, 1992;
            (3) the former spouse has not received Social Security 
        benefits based on eligibility as the spouse of the annuitant;
            (4) such application was filed on or after January 1, 1989;
            (5) the annuitant rendered at least 25 years of creditable 
        service to the Federal Government;
            (6) at the time of the annuitant's retirement, the 
        annuitant and the former spouse had been married at least 25 
        years;
            (7) at the time of the annuitant's retirement, the 
        annuitant designated the former spouse to receive survivor 
        annuity benefits;
            (8) the annuitant and the former spouse were divorced prior 
        to September 14, 1978, and after the annuitant retired;
            (9) neither at the time of the divorce nor at any time 
        thereafter was a joint waiver of survivor annuity benefits 
        executed between the annuitant and the former spouse;
            (10) the divorce decree was silent as to survivor annuity 
        benefits or designated the former spouse to receive survivor 
        annuity benefits;
            (11) subsequent to the divorce of the annuitant and the 
        former spouse, the annuitant advised the Office of Personnel 
        Management of the divorce;
            (12) neither annuitant nor the former spouse married any 
        other individual after their divorce from each other;
            (13) no direct notice outlining or defining the former 
        spouse's survivor annuity benefits election rights was 
        delivered to the former spouse by the Office of Personnel 
        Management; and
            (14) the former spouse has exhausted all judicial remedies 
        up to and including remedies available through the United 
        States Court of Appeals.
                                 <all>