To amend title 5, United States Code, to provide that an employee or Member who dies within the 2-year notification period with respect to a survivor annuity shall be presumed to have elected to provide a former spouse with such an annuity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE .
This Act may be cited as the ``Spouse Equity Election Clarification Amendment Act of 2011''.
SEC. 2. ELECTION OF ANNUITY FOR FORMER SPOUSES.
(a) Civil Service Retirement System.--Section 8339(j)(3) of title 5, United States Code, is amended by inserting after the second sentence the following: ``Any employee or Member who has a surviving former spouse and dies before such 2 year period has ended shall be, for purposes of this paragraph, deemed to have elected to provide a survivor annuity to such former spouse under section 8341(b). The preceding sentence: (i) shall not apply to an employee or Member who elected, consistent with the requirements of paragraph (1), not to provide an annuity to a former spouse; and (ii) shall not be effective to the extent that it conflicts with any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.''. (b) Federal Employees Retirement System.--Section 8417(b)(2) of such title is amended by adding at the end the following: ``Any employee or Member who has a surviving former spouse and dies...