[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1528 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1528

To amend chapters 83 and 84 of title 5, United States Code, to provide 
  for the equitable waiver of certain limitations on the election of 
   survivor reductions of Federal annuities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 13, 1997

   Mr. Robb introduced the following bill; which was read twice and 
           referred to the Committee on Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To amend chapters 83 and 84 of title 5, United States Code, to provide 
  for the equitable waiver of certain limitations on the election of 
   survivor reductions of Federal annuities, and for other purposes.

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

SECTION 1. EQUITABLE WAIVER OF LIMITATIONS ON ELECTION OF SURVIVOR 
              REDUCTION OF FEDERAL ANNUITIES.

    (a) Civil Service Retirement System.--
            (1) Retired employee married at time of retirement.--
        Section 8339(j)(5)(C)(i) of title 5, United States Code, is 
        amended by adding at the end the following: ``The Office may 
        waive the application of either of the 2-year limitations under 
        this clause, if an individual seeking to make an election after 
        the applicable 2-year period is without fault and such 
        application would be against equity and good conscience.''.
            (2) Retired employee unmarried at time of retirement.--
        Section 8339(k)(2)(A) of title 5, United States Code, is 
        amended--
                    (A) by inserting ``(i)'' after ``(A)''; and
                    (B) by adding at the end the following:
                    ``(ii) The Office may waive the application of 
                either of the 2-year limitations under clause (i), if--
                            ``(I) the individual seeking to make an 
                        election after the applicable 2-year period is 
                        without fault; and
                            ``(II) such application would be against 
                        equity and good conscience.''.
    (b) Federal Employees Retirement System.--
            (1) Retired employee married at time of retirement.--
        Section 8416(b)(1) of title 5, United States Code, is amended--
                    (A) by inserting ``(A)'' after ``(1)''; and
                    (B) by adding at the end the following:
            ``(B) The Office may waive the application of either of the 
        2-year limitations under subparagraph (A), if--
                    ``(i) the individual seeking to make the election 
                after the applicable 2-year period is without fault; 
                and
                    ``(ii) such application would be against equity and 
                good conscience.''.
            (2) Retired employee unmarried at time of retirement.--
        Section 8416(c)(1) of title 5, United States Code, is amended--
                    (A) by inserting ``(A)'' after ``(1)''; and
                    (B) by adding at the end the following:
            ``(B) The Office may waive the application of either of the 
        2-year limitations under subparagraph (A), if--
                    ``(i) the individual seeking to make the election 
                after the applicable 2-year period is without fault; 
                and
                    ``(ii) such application would be against equity and 
                good conscience.''.
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