Home > 105th Congressional Bills > H.R. 1316 (rh) 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. ...

H.R. 1316 (rh) 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. ...


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105th CONGRESS
  1st Session
                                H. R. 1316


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 25, 1997

  Received; read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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.

    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) The Office shall prescribe any regulations necessary to carry 
out this subsection, including regulations for the application of this 
subsection in the event that 2 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 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.''.

            Passed the House of Representatives June 24, 1997.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.

Pages: 1

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