Pub. L. 105-61, tit. V, sec. 518

Pub. L. 105-61, tit. V, sec. 518

EnactedYear: 1997Length: 391 wordsOfficial source
Sec. 518. (a)(1) Section 8341 of title 5, United States Code, is amended by adding at the end the following: “(k)(1) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. “(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.”. (2) Such section 8341 is further amended— (A) in subsections (b)(3)(B) and (d)(ii) by striking “remarries” and inserting “except as provided in subsection (k), remarries”; and (B) in subsection (h)(3)(B)(i) by striking “in” and inserting “except as provided in subsection (k), in”. (b)(1)(A) Section 8442(d) of title 5, United States Code, is amended by adding at the end the following:111 STAT. 1308 “(3) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based.”. (B) Subsection (d)(1)(B) of such section 8442 is amended by striking “remarries” and inserting “except as provided in paragraph (3), remarries”. (2)(A) Section 8445 of title 5, United States Code, is amended by adding at the end the following: “(h)(1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based. “(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify m order to carry out the purposes of this subsection.”. (B) Subsection (c)(2) of such section 8445 is amended by striking “shall” and inserting “except as provided in subsection (h), shall”. (c) The amendments made by this section shall apply with respect to remarriages occurring on or after January 1, 1995.