Commonwealth Consolidated Acts(1) If:
(a) the annual rate of associate immediate annuity that becomes payable to the non‑member spouse is less than the amount determined under the Orders; or
(b) the annual rate of associate deferred annuity that becomes payable to the non‑member spouse is less than the amount determined under the Orders;
then the non‑member spouse may elect to commute the annuity.
(2) The election must be made in writing to the Secretary not later than 3 months after the annuity becomes payable.
(3) If the non‑member spouse makes the election, then the non‑member spouse is entitled instead to:
(a) if paragraph (1)(a) applies--a lump sum equal to the transfer amount; or
(b) if paragraph (1)(b) applies--a lump sum calculated under the Orders.
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