[105th Congress Public Law 205]
[From the U.S. Government Printing Office]


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[DOCID: f:publ205.105]


[[Page 111 STAT. 683]]

Public Law 105-205
105th Congress

                                 An Act


 
To amend chapter 87 of title 5, United States Code, with respect to the 
   order of precedence to be applied in the payment of life insurance 
            benefits. <<NOTE: July 22, 1998 -  [H.R. 1316]>> 

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

SECTION 1. DOMESTIC RELATIONS ORDERS.

    Section 8705 of title 5, United States Code, is amended--
            (1) in subsection (a) by striking ``(a) The'' and inserting 
        ``(a) Except as provided in subsection (e), the''; and
            (2) by adding at the end the following:

    ``(e)(1) Any amount which would otherwise be paid to a person 
determined under the order of precedence named by subsection (a) shall 
be paid (in whole or in part) by the Office to another person if and to 
the extent expressly provided for in the terms of any court decree of 
divorce, annulment, or legal separation, or the terms of any court order 
or court-approved property settlement agreement incident to any court 
decree of divorce, annulment, or legal separation.
    ``(2) For purposes of this subsection, a decree, order, or agreement 
referred to in paragraph (1) shall not be effective unless it is 
received, before the date of the covered employee's death, by the 
employing agency or, if the employee has separated from service, by the 
Office.
    ``(3) A designation under this subsection with respect to any person 
may not be changed except--
            ``(A) with the written consent of such person, if received 
        as described in paragraph (2); or
            ``(B) by modification of the decree, order, or agreement, as 
        the case may be, if received as described in paragraph (2).

    ``(4) <<NOTE: Regulations.>> The Office shall prescribe any 
regulations necessary to carry out this subsection, including 
regulations for the application of this subsection in the event that two 
or more decrees, orders, or agreements, are received with respect to the 
same amount.''.

SEC. 2. DIRECTED ASSIGNMENT.

    Section 8706(e) of title 5, United States Code, is amended--
            (1) by striking ``(e)'' and inserting ``(e)(1)''; and
            (2) by adding at the end the following:

    ``(2) A court decree of divorce, annulment, or legal separation, or 
the terms of a court-approved property settlement agreement incident to 
any court decree of divorce, annulment, or legal separation, may direct 
that an insured employee or former employee

[[Page 111 STAT. 684]]

make an irrevocable assignment of the employee's or former employee's 
incidents of ownership in insurance under this chapter (if there is no 
previous assignment) to the person specified in the court order or 
court-approved property settlement agreement.''.

    Approved July 22, 1998.

LEGISLATIVE HISTORY--H.R. 1316:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 105-134 (Comm. on Government Reform and Oversight).
CONGRESSIONAL RECORD:
                                                        Vol. 143 (1997):
                                    June 24, considered and passed 
                                        House.
                                                        Vol. 144 (1998):
                                    June 18, considered and passed 
                                        Senate.

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