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119-s-4290119th CongressWALLET

Retirement Annuity Supplement Clarity Act

Sponsored By: Senator Lankford, James [R-OK]

Introduced

Summary

This bill would ensure that an annuity supplement is treated as part of any court-ordered division of a federal annuity unless the court order explicitly excludes it. It also creates a limited retroactive process to reimburse some retirees and to waive certain past overpayments.

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  • Retirees with annuity supplements: If a court decree expressly divides an annuity under subchapter II, the annuity supplement under 5 U.S.C. 8421 must be included in that division unless the decree expressly excludes it. The rule applies to payments beginning on or after enactment and guides future splits.
  • Covered annuitants with post-enactment recomputations: People whose supplements were recomputed by the Office of Personnel Management between June 30, 2016 and enactment and who lost amounts because the supplement was added to a division would receive a one-time payment equal to the amount deducted. The payment comes from the Civil Service Retirement and Disability Fund and carries no interest.
  • Former spouses and overpayments: Overpayments or apportionment overpayments made before enactment that resulted from excluding the supplement are waived so no repayment is required. The bill also directs OPM to adopt the new definitions and procedures for these cases.

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 1 benefits, 0 costs, 1 mixed.

Retro payments and waivers for annuitants

If enacted, OPM would pay a one-time cash amount to certain covered annuitants. The payment would come from the Civil Service Retirement and Disability Fund and equal the dollars deducted for including the annuity supplement, paid without interest. The bill would also waive repayment of prior overpayments made before enactment when those overpayments resulted from excluding the annuity supplement. To qualify, you must meet the covered annuitant rules, including an OPM recomputation between June 30, 2016 and the date of enactment and a court order that was silent about or excluded the supplement.

Annuity supplement included in divisions

If enacted, annuity supplements paid to federal retirees would be counted when a court divides a federal annuity. This would apply when a court decree, order, or agreement expressly divides the annuity. It would apply to annuity supplement payments that begin on or after the date of enactment. A court order that expressly excludes the annuity supplement would continue to prevent division of the supplement.

Sponsors & CoSponsors

Sponsor

Lankford, James [R-OK]

OK • R

Cosponsors

  • Sen. Fetterman, John [D-PA]

    PA • D

    Sponsored 4/14/2026

Roll Call Votes

No roll call votes available for this bill.

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