[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3602 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3602

 To amend title 5, United States Code, to provide that an employee or 
Member who dies within the 2-year notification period with respect to a 
survivor annuity shall be presumed to have elected to provide a former 
          spouse with such an annuity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2011

   Mr. Paul introduced the following bill; which was referred to the 
 Committee on Oversight and Government Reform, and in addition to the 
  Committee on House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend title 5, United States Code, to provide that an employee or 
Member who dies within the 2-year notification period with respect to a 
survivor annuity shall be presumed to have elected to provide a former 
          spouse with such an annuity, 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. SHORT TITLE .

    This Act may be cited as the ``Spouse Equity Election Clarification 
Amendment Act of 2011''.

SEC. 2. ELECTION OF ANNUITY FOR FORMER SPOUSES.

    (a) Civil Service Retirement System.--Section 8339(j)(3) of title 
5, United States Code, is amended by inserting after the second 
sentence the following: ``Any employee or Member who has a surviving 
former spouse and dies before such 2 year period has ended shall be, 
for purposes of this paragraph, deemed to have elected to provide a 
survivor annuity to such former spouse under section 8341(b). The 
preceding sentence: (i) shall not apply to an employee or Member who 
elected, consistent with the requirements of paragraph (1), not to 
provide an annuity to a former spouse; and (ii) shall not be effective 
to the extent that it conflicts with any decree of divorce or annulment 
or any court order or court-approved property settlement agreement 
incident to such decree.''.
    (b) Federal Employees Retirement System.--Section 8417(b)(2) of 
such title is amended by adding at the end the following: ``Any 
employee or Member who has a surviving former spouse and dies before 
such 2 year period has ended shall be, for purposes of this subsection, 
deemed to have elected to provide a survivor annuity to such former 
spouse under section 8445. The preceding sentence shall not be 
effective to the extent that it conflicts with any decree of divorce or 
annulment or any court order or court-approved property settlement 
agreement incident to such decree.''.
    (c) Payments.--
            (1) In general.--There shall be deposited into the Civil 
        Service Retirement and Disability Fund an amount, as described 
        under subparagraph (B), determined by the Office of Personnel 
        Management to reflect the amount by which the relevant deceased 
        employee or Member's annuity would have been reduced under 
        sections 8339(j)(3) or 8417(b)(2) of title 5, United States 
        Code (as the case may be), since the commencing date of such an 
        annuity and the termination date of such annuity.
            (2) Deductions.--The amount required for deposit under 
        subparagraph (A) shall be deducted from each monthly annuity 
        payment to such former spouse, and shall be designed so that 
        the present value of any future reduction is actuarially 
        equivalent to the deposit required under such sections 
        8339(j)(3) or 8417(b)(2).
            (3) Retroactive application.--A former spouse who receives 
        an annuity pursuant to the amendments made by subsections (a) 
        and (b) shall receive payments for any period since the date of 
        death of the relevant employee or Member, consistent with the 
        requirement of subsection (e).
            (4) Multiple surviving former spouses.--If an employee or 
        Member has more than 1 surviving former spouse who is eligible 
        for an annuity pursuant to the amendments made by subsections 
        (a) and (b), each such spouse shall receive an annuity of an 
        equal amount.
    (d) Notification.--To receive an annuity under the amendments made 
by subsections (a) and (b), a surviving former spouse must notify the 
Office of Personnel Management within 6 months after the date of the 
death of the relevant employee or Member.
    (e) Effective Date.--The amendments made by this section shall 
apply to any employee or Member who died after January 1, 2008.
    (f) Definitions.--In this section:
            (1) Employee.--The term ``employee'' has the meaning given 
        such term in section 8331(1) or section 8401(11) of title 5, 
        United States Code, whichever is applicable.
            (2) Member.--The term ``Member'' has the meaning given such 
        term in section 8331(2) or section 8401(20) of such title, 
        whichever is applicable.
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