§8420a — Title 5 Government Organization and Employees | U.S. Code

Summary

The Office must create rules that let an employee or Member with a life‑threatening or other serious medical condition pick different annuity choices when they retire instead of the normal benefits under this subchapter or subchapter IV. The Office must offer options that include paying the lump‑sum credit without interest plus a lifetime annuity, and for people who are married at retirement, the same option but with a survivor annuity for a living spouse. Each alternative must, as far as possible, have the same present value as the annuity (per section 8415) plus any annuity supplement (per section 8421). A person who is married cannot make this choice unless a waiver under section 8416(a) is given. A person with a former spouse who is entitled to benefits under section 8445 or 8467 is not allowed to choose if the Office has been properly notified. A married retiree who makes this election can, within 18 months after retirement, make the election under section 8416(d) if they meet that section’s deposit rules.

Title 5, §8420a

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.

(b)Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—

(1)an alternative which provides for—

(A)payment of the lump-sum credit (excluding interest) to the employee or Member; and

(B)payment of an annuity to the employee or Member for life; and

(2)in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—

(A)payment of the lump-sum credit (excluding interest) to the employee or Member; and

(B)payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.

(c)Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the sum of—

(1)the present value of the annuity which would otherwise be provided under this subchapter, as computed under section 8415; and

(2)the present value of the annuity supplement which would otherwise be provided (if any) under section 8421.

(d)An employee or Member who, at the time of retiring under this subchapter—

(1)is married, shall be ineligible to make an election under this section unless a waiver is made under section 8416(a); or

(2)has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.

(e)An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8416(d), subject to the deposit requirement thereunder.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (a). Pub. L. 103–66, § 11002(a)(1), substituted “any employee or Member who has a life-threatening affliction or other critical medical condition” for “an employee or Member”. Subsec. (f). Pub. L. 103–66, § 11002(a)(2), struck out subsec. (f) which prohibited election of alternative form of annuity where commencement date would be after Dec. 1, 1990, with certain exceptions. 1990—Subsec. (f). Pub. L. 101–508 added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 AmendmentAmendment by Pub. L. 103–66 effective Oct. 1, 1994, and applicable with respect to any annuity commencing on or after that date, see section 11002(d) of Pub. L. 103–66, set out as a note under section 8343a of this title. Applicability of section 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert ShieldFor provisions relating to application of subsec. (f) of this section to certain members of Armed Forces who were called or ordered to active duty in connection with Operation Desert Shield and to certain employees of Department of Defense who are certified to have performed duties essential for support of Operation Desert Shield, see section 7001(a)(4) of Pub. L. 101–508, set out as a note under section 8343a of this title. Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of AnnuitiesFor provisions relating to deferred payment of lump-sum credit for certain individuals electing alternative forms of annuities, see notes set out under section 8343a of this title.

§8420a Alternative Forms of Annuities