5 U.S.C. § 8343a — Alternative forms of annuities

(a) The Office of Personnel Management must 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 (other than under section 8337 of this title ), elect annuity benefits under this section instead of any other benefits under this subchapter (including any benefits under section 8341 of this title ) based on the service of the employee or Member. (b) Subject to subsection (c), the Office must by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered must be— (1) an alternative which provides for— (A) payment of the lump-sum credit 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 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) must, 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 present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), (r), and (s) of section 8339. (d) An employee or Member who, at the time of retiring under this subchapter— (1) is married, must be ineligible to make an election under this section unless a waiver is made under section 8339(j)(1) of this title ; or (2) has a former spouse, must be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8341(h) or 8345(j) of this title (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, for 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 8339( o ) of this title, subject to the deposit requirement under it.