(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.