(1) If the annual rate of associate pension to which the non - member spouse becomes entitled is less than the amount determined under the Orders, then the non - member spouse may elect to commute the pension.
(2) The election must be made in writing to CSC not later than 3 months after the non - member spouse becomes entitled to the pension.
(3) If the non - member spouse makes the election, then the non - member spouse is entitled instead to a lump sum equal to the transfer amount.