(a) Former spouses as of November 15, 1982 A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section
2032 (b) of this title.
(b) Time for making election
(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.
(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.
(3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section
2094 (b) of this title.
(c) Base for annuity An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participants spouse may make an election under section
2031 (b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.
(d) Reduction in participant’s annuity
(1) Computation The amount of the reduction in the participants annuity shall be determined in accordance with section
2031 (b)(2) of this title.
(2) Effective date of reduction Such reduction shall be effective as of
(A) the commencing date of the participants annuity, in the case of an election under subsection (b)(1) of this section; or
(B) November 15, 1982, in the case of an election under subsection (b)(2) of this section.
