I 112th CONGRESS 1st Session H. R. 3602 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.

1.

Short title

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

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.