S. 4290

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4290 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4290

To amend title 5, United States Code, to require that a court decree, 
court order, or other similar process expressly provides for an annuity 
supplement payment.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 14, 2026

Mr. Lankford (for himself and Mr. Fetterman) introduced the following 
bill; which was read twice and referred to the Committee on Homeland 
Security and Governmental Affairs

_______________________________________________________________________

A BILL

To amend title 5, United States Code, to require that a court decree, 
court order, or other similar process expressly provides for an annuity 
supplement payment.

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 ``Retirement Annuity Supplement 
Clarity Act''.

SEC. 2. COURT ORDERS.

(a) Court Orders.--Section 8467 of title 5, United States Code, is 
amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following:
``(c) If a court decree, court order, or agreement described in 
paragraph (1) of subsection (a) expressly divides an annuity under 
subchapter II, an annuity supplement payment made under section 8421 
shall be included in the computation of that division, unless the court 
decree, court order, or agreement expressly excludes division of the 
annuity supplement.''.
(b) Technical and Conforming Amendment.--Section 8421 of title 5, 
United States Code, is amended by striking subsection (c).
(c) Applicability.--
(1) In general.--The amendment made by subsection (a) shall 
apply to all annuity supplement payments under section 8421 of 
title 5, United States Code, that begin on or after the date of 
enactment of this Act.
(2) Retroactive payments.--
(A) Definition.--In this paragraph:
(i) Annuity supplement.--The term ``annuity 
supplement'' means an annuity supplement under 
section 8421 of title 5, United States Code.
(ii) Covered annuitant.--The term ``covered 
annuitant'' means any annuitant--
(I) who was retired on or before 
the date of enactment of this Act;
(II) who is or was entitled to an 
annuity supplement;
(III) whose annuity was subject to 
a court order described in section 
8467(a)(1) of title 5, United States 
Code, that was silent regarding the 
annuity supplement or that included 
language that expressly excluded the 
annuity supplement from division; and
(IV) whose annuity supplement was 
recomputed by the Office of Personnel 
Management during the period beginning 
on June 30, 2016, and ending on the 
date of enactment of this Act to 
retroactively include the annuity 
supplement in the division of the 
annuity.
(B) Payment.--The Office of Personnel Management 
shall pay a one-time payment from the Civil Service 
Retirement and Disability Fund established under 
section 8348 of title 5, United States Code, to a 
covered annuitant who received an annuity supplement 
under section 8421 of title 5, United States Code, 
before the date of enactment of this Act an amount 
(without interest) equal to the amount deducted from 
the annuity of the covered annuitant as a result of 
including the annuity supplement in the computation of 
a court-ordered division or other scenario described in 
subparagraph (A)(ii)(III).
(3) No repayment.--Overpayments paid to a covered 
annuitant, or any overpayments of apportionment paid to a 
former spouse of a covered annuitant (as the case may be), 
before the date of enactment of this Act, which resulted from 
excluding the annuity supplement of the covered annuitant in 
the computation of a court-ordered apportionment, shall be 
waived.
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