
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4054]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
        Part I--Foreign Service Retirement and Disability System
 
Sec. 4054. Former spouses


(a) Living Service members

    (1) Unless otherwise expressly provided by any spousal agreement or 
court order under section 4060(b)(1) of this title, a former spouse of a 
participant or former participant is entitled to an annuity if such 
former spouse was married to the participant for at least 10 years 
during service of the participant which is creditable under this 
subchapter with at least 5 of such years occurring while the participant 
was a member of the Foreign Service and--
        (A) if married to the participant throughout the creditable 
    service of the participant, equal to 50 percent of the annuity of 
    the participant; or
        (B) if not married to the participant throughout such creditable 
    service, equal to that former spouse's pro rata share of 50 percent 
    of such annuity.

For the purposes of this paragraph, the term ``creditable service'' 
means service which is creditable under part I or II of this subchapter.
    (2) A former spouse shall not be qualified for an annuity under this 
subsection if before the commencement of that annuity the former spouse 
remarries before becoming 60 years of age.
    (3) The annuity of a former spouse under this subsection commences 
on the later of the day the participant upon whose service the annuity 
is based becomes entitled to an annuity under this part or the first day 
of the month in which the divorce or annulment involved becomes final. 
The annuity of such former spouse and the right thereto terminate on--
        (A) the last day of the month before the former spouse dies or 
    remarries before 60 years of age; or
        (B) the date the annuity of the participant terminates (except 
    in the case of an annuity subject to paragraph (5)(B)).

    (4) No spousal agreement or court order under section 4060(b)(1) of 
this title involving any participant may provide for an annuity or any 
combination of annuities under this subsection which exceeds the annuity 
of the participant, nor may any such court order relating to an annuity 
under this subsection be given effect if it is issued more than 24 
months after the date the divorce or annulment involved becomes final.
    (5)(A) The annuity payable to any participant shall be reduced by 
the amount of an annuity under this subsection paid to any former spouse 
based upon the service of that participant. Such reduction shall be 
disregarded in calculating the survivor annuity for any spouse, former 
spouse, or other survivor under this part, and in calculating any 
reduction in the annuity of the participant to provide survivor benefits 
under subsection (b) of this section or section 4046(b)(3) of this 
title.
    (B) If any annuitant whose annuity is reduced under subparagraph (A) 
is recalled to service under section 3948 of this title, or reinstated 
or reappointed in the Service in the case of a recovered disability 
annuitant or if any annuitant is reemployed as provided for under 
section 4064 of this title, the salary of that annuitant shall be 
reduced by the same amount as the annuity would have been reduced if it 
had continued. Amounts equal to the reductions under this subparagraph 
shall be deposited in the Treasury of the United States to the credit of 
the Fund.
    (6) Notwithstanding paragraph (3), in the case of any former spouse 
of a disability annuitant--
        (A) the annuity of that former spouse shall commence on the date 
    the participant would qualify on the basis of his or her creditable 
    service for an annuity under this part (other than a disability 
    annuity) or the date the disability annuity begins, whichever is 
    later, and
        (B) the amount of the annuity of the former spouse shall be 
    calculated on the basis of the annuity for which the participant 
    would otherwise so qualify.

    (7) An annuity under this subsection shall be treated the same as a 
survivor annuity under subsection (b) of this section for purposes of 
section 4046(h) of this title or any comparable provision of law.

(b) Deceased Service members

    (1) Subject to any election under section 4046(b)(1)(C) of this 
title and unless otherwise expressly provided by any spousal agreement 
or court order under section 4060(b)(1) of this title, if a former 
participant who is entitled to receive an annuity is survived by a 
former spouse, the former spouse shall be entitled to a survivor 
annuity--
        (A) if married to the participant throughout the creditable 
    service of the participant, equal to 55 percent of the full amount 
    of the participant's annuity, as computed under section 4046(a) of 
    this title; or
        (B) if not married to the participant throughout such creditable 
    service, equal to that former spouse's pro rata share of 55 percent 
    of the full amount of such annuity.

For the purposes of this paragraph, the term ``creditable service'' 
means service which is creditable under part I or II of this subchapter.
    (2) A former spouse shall not be qualified for an annuity under this 
subsection if before the commencement of that annuity the former spouse 
remarries before becoming 60 years of age.
    (3) An annuity payable from the Fund under this part to a surviving 
former spouse under this subsection shall commence on the day after the 
annuitant dies and shall terminate on the last day of the month before 
the former spouse's death or remarriage before attaining age 60. If such 
a survivor annuity is terminated because of remarriage, it shall be 
restored at the same rate commencing on the date such remarriage is 
terminated if any lump sum paid upon termination of the annuity is 
returned to the Fund.
    (4)(A) The maximum survivor annuity or combination of survivor 
annuities under this section (and section 4046(b)(3) of this title) with 
respect to any participant or former participant may not exceed 55 
percent of the full amount of the participant's annuity, as calculated 
under section 4046(a) of this title.
    (B) Once a survivor annuity has been provided for under this 
subsection for any former spouse, a survivor annuity may thereafter be 
provided for under this subsection (or section 4046(b)(3) of this title) 
with respect to a participant or former participant only for that 
portion (if any) of the maximum available which is not committed for 
survivor benefits for any former spouse whose prospective right to such 
annuity has not terminated by reason of death or remarriage.
    (C) After the death of a participant or former participant, a court 
order under section 4060(b)(1) of this title may not adjust the amount 
of the annuity of any former spouse under this section.
    (5)(A) For each full month after a former spouse of a participant or 
former participant dies or remarries before attaining age 60, the 
annuity of the participant, if reduced to provide a survivor annuity for 
that former spouse, shall be recomputed and paid as if the annuity had 
not been so reduced, unless an election is in effect under subparagraph 
(B).
    (B) Subject to paragraph (4)(B), the participant may elect in 
writing within one year after receipt of notice of the death or 
remarriage of the former spouse to continue the reduction in order to 
provide a higher survivor annuity under section 4046(b)(3) of this title 
for any spouse of the participant.

(c) Additional survivor annuity

    (1) In the case of any participant or former participant providing a 
survivor annuity benefit under subsection (b) of this section for a 
former spouse--
        (A) such participant may elect, or
        (B) a spousal agreement or court order under section 4060(b)(1) 
    of this title may provide for,

an additional survivor annuity under this subsection for any other 
former spouse or spouse surviving the participant, if the participant 
satisfactorily passes a physical examination as prescribed by the 
Secretary of State.
    (2) Neither the total amount of survivor annuity or annuities under 
this subsection with respect to any participant or former participant, 
nor the survivor annuity or annuities for any one surviving spouse or 
former spouse of such participant under this section and section 4046 of 
this title, shall exceed 55 percent of the full amount of the 
participant's annuity, as computed under section 4046(a) of this title.
    (3)(A) In accordance with regulations which the Secretary of State 
shall prescribe, the participant involved may provide for any annuity 
under this subsection--
        (i) by a reduction in the annuity or an allotment from the 
    salary of the participant,
        (ii) by a lump sum payment or installment payments to the Fund, 
    or
        (iii) by any combination thereof.

    (B) The present value of the total amount to accrue to the Fund 
under subparagraph (A) to provide any annuity under this subsection 
shall be actuarially equivalent in value to such annuity, as calculated 
upon such tables of mortality as may from time to time be prescribed for 
this purpose by the Secretary of State.
    (C) If a former spouse predeceases the participant or remarries 
before attaining age 60 (or, in the case of a spouse, the spouse does 
not qualify as a former spouse upon dissolution of the marriage)--
        (i) if an annuity reduction or salary allotment under 
    subparagraph (A) is in effect for that spouse or former spouse, the 
    annuity shall be recomputed and paid as if it had not been reduced 
    or the salary allotment terminated, as the case may be, and
        (ii) any amount accruing to the Fund under subparagraph (A) 
    shall be refunded, but only to the extent that such amount may have 
    exceeded the actuarial cost of providing benefits under this 
    subsection for the period such benefits were provided, as determined 
    under regulations prescribed by the Secretary of State.

    (D) Under regulations prescribed by the Secretary of State, an 
annuity shall be recomputed (or salary allotment terminated or 
adjusted), and a refund provided (if appropriate), in a manner 
comparable to that provided under subparagraph (C), in order to reflect 
a termination or reduction of future benefits under this subsection for 
a spouse in the event a former spouse of the participant dies or 
remarries before attaining age 60 and an increased annuity is provided 
for that spouse in accordance with this part.
    (4) An annuity payable under this subsection to a spouse or former 
spouse shall commence on the day after the participant dies and shall 
terminate on the last day of the month before the former spouse's death 
or remarriage before attaining age 60.
    (5) Section 4066 of this title shall not apply to any annuity under 
this subsection, unless authorized under regulations prescribed by the 
Secretary of State.

(Pub. L. 96-465, title I, Sec. 814, Oct. 17, 1980, 94 Stat. 2113; Pub. 
L. 97-241, title I, Sec. 125(2), Aug. 24, 1982, 96 Stat. 282; Pub. L. 
99-335, title IV, Secs. 402(a)(2), (3), 404(b), June 6, 1986, 100 Stat. 
609, 610; Pub. L. 100-238, title II, Sec. 217(a), (b), (c)(2), Jan. 8, 
1988, 101 Stat. 1775.)


                               Amendments

    1988--Subsec. (a)(1). Pub. L. 100-238, Sec. 217(a), which directed 
the amendment of par. (1) by inserting ``if such former spouse was 
married to the participant for at least 10 years during service of the 
participant which is creditable under this subchapter with at least 5 of 
such years occurring while the participant was a member of the Foreign 
Service and'' after ``annuity'', was executed by inserting the new 
language after ``annuity'' in introductory provisions, as the probable 
intent of Congress.
    Subsec. (a)(4). Pub. L. 100-238, Sec. 217(b), substituted ``24'' for 
``12''.
    Subsec. (d). Pub. L. 100-238, Sec. 217(c)(2), struck out subsec. (d) 
which read as follows: ``Section 4046(l) of this title shall not apply--
        ``(1) to any annuity payable under subsection (a) or (b) of this 
    section to any former spouse if the amount of that annuity varies by 
    reason of a spousal agreement or court order under section 
    4060(b)(1) of this title, or an election under section 4046(b)(1)(B) 
    of this title, from the amount which would be calculated under 
    subsection (a)(1) or (b)(1) of this section, as the case may be, in 
    the absence of such spousal agreement, court order, or election; and
        ``(2) to any annuity payable under subsection (c) of this 
    section.''
    1986--Subsec. (a)(1). Pub. L. 99-335, Sec. 404(b)(1), inserted 
provision defining ``creditable service'' as service creditable under 
part I or II of this subchapter.
    Subsec. (a)(3), (5)(A), (6)(A). Pub. L. 99-335, Sec. 402(a)(2), 
substituted ``part'' for ``subchapter''.
    Subsec. (b)(1). Pub. L. 99-335, Sec. 404(b)(2), inserted provision 
defining ``creditable service'' as service creditable under part I or II 
of this subchapter.
    Subsec. (b)(3). Pub. L. 99-335, Sec. 402(a)(3), inserted ``under 
this part'' after ``payable from the Fund''.
    Subsec. (c)(3)(D). Pub. L. 99-335, Sec. 402(a)(2), substituted 
``part'' for ``subchapter''.
    1982--Subsec. (a)(3). Pub. L. 97-241 substituted ``or the first'' 
for ``on the first'' in provision preceding subpar. (A).


                    Effective Date of 1988 Amendment

    Section 261 of title II of Pub. L. 100-238 provided that:
    ``(a) In General.--Except as provided in subsection (b), this title 
and the amendments made by this title [enacting sections 4069-1 to 
4069c-1 of this title, amending this section and sections 4044 to 4046, 
4048, 4049, 4051, 4055, 4066, 4071a, 4071c, and 4084 of this title, and 
enacting provisions set out as a note under section 4046 of this title] 
shall take effect 90 days after the date of enactment of this title 
[Jan. 8, 1988].
    ``(b) Exceptions.--
        ``(1) The amendments made by section 202 [enacting section 4069-
    1 of this title] shall apply to any individual who, on or after the 
    date of enactment of this title [Jan. 8, 1988], is married to a 
    participant or former participant.
        ``(2) The amendment made by section 217(a) [amending this 
    section] shall not apply with respect to the former spouse of a 
    participant or former participant who is subject to subchapter I of 
    chapter 8 of the Foreign Service Act of 1980 [this part] if, on the 
    date of enactment of this title [Jan. 8, 1988], that former spouse--
            ``(A) was the spouse of that participant or former 
        participant; or
            ``(B) is entitled to an annuity under section 814 of the 
        Foreign Service Act of 1980 [this section] pursuant to the 
        divorce or annulment of the marriage to that participant or 
        former participant.
    ``(c) Definitions.--For the purpose of this section, the terms 
`participant' and `former participant' have the same meaning as such 
terms in chapter 8 of the Foreign Service Act of 1980 [this 
subchapter].''


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-335 effective Jan. 1, 1987, see section 
702(a) of Pub. L. 99-335, set out as an Effective Date note under 
section 8401 of Title 5, Government Organization and Employees.

                  Section Referred to in Other Sections

    This section is referred to in sections 4046, 4049, 4060, 4064, 
4069a, 4069a-1, 4071j, 4159 of this title.
