
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC4069a]

 
               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. 4069a. Retirement benefits for certain former spouses


(a) Eligibility; percentage of benefits

    Any individual who was a former spouse of a participant or former 
participant on February 14, 1981, shall be entitled, to the extent or in 
such amounts as are provided in advance in appropriations Acts, and 
except to the extent such former spouse is disqualified under subsection 
(b) of this section, to benefits--
        (1) if married to the participant throughout the creditable 
    service of the participant, equal to 50 percent of the benefits of 
    the participant; or
        (2) if not married to the participant throughout such creditable 
    service, equal to that former spouse's pro rata share of 50 percent 
    of such benefits.

(b) Disqualification

    A former spouse shall not be entitled to benefits under this section 
if--
        (1) the former spouse remarries before age 55; or
        (2) the former spouse was not married to the participant at 
    least 10 years during service of the participant which is creditable 
    under this subchapter with at least 5 years occurring while the 
    participant was a member of the Foreign Service.

(c) Period of entitlement; construction with other provisions; 
        application approval and payment

    (1) The entitlement of a former spouse to benefits under this 
section--
        (A) shall commence on the later of--
            (i) the day the participant upon whose service the benefits 
        are based becomes entitled to benefits under this subchapter; or
            (ii) the first day of the month in which the divorce or 
        annulment involved becomes final; and

        (B) shall terminate on the earlier of--
            (i) the last day of the month before the former spouse dies 
        or remarries before 55 years of age; or
            (ii) the date the benefits of the participant terminates.

    (2) Notwithstanding paragraph (1), in the case of any former spouse 
of a disability annuitant--
        (A) the benefits of the former spouse shall commence on the date 
    the participant would qualify on the basis of his or her creditable 
    service for benefits under this subchapter (other than a disability 
    annuity) or the date the disability annuity begins, whichever is 
    later, and
        (B) the amount of benefits of the former spouse shall be 
    calculated on the basis of benefits for which the participant would 
    otherwise so qualify.

    (3) Benefits under this section shall be treated the same as an 
annuity under section 4054(a)(7) of this title for purposes of section 
4046(h) of this title or any comparable provision of law.
    (4)(A) Benefits under this section shall not be payable unless 
appropriate written application is provided to the Secretary, complete 
with any supporting documentation which the Secretary may by regulation 
require, within 30 months after December 22, 1987. The Secretary may 
waive the 30-month application requirement under this subparagraph in 
any case in which the Secretary determines that the circumstances so 
warrant.
    (B) Upon approval of an application provided under subparagraph (A), 
the appropriate benefits shall be payable to the former spouse with 
respect to all periods before such approval during which the former 
spouse was entitled to such benefits under this section, but in no event 
shall benefits be payable under this section with respect to any period 
before December 22, 1987.

(d) ``Benefits'' defined

    For the purposes of this section, the term ``benefits'' means--
        (1) with respect to a participant or former participant subject 
    to this part, the annuity of the participant or former participant; 
    and
        (2) with respect to a participant or former participant subject 
    to part II of this subchapter, the benefits of the participant or 
    former participant under that part.

(e) Effect of section on annuity

    Nothing in this section shall be construed to impair, reduce, or 
otherwise affect the annuity or the entitlement to an annuity of a 
participant or former participant under this subchapter.

(f) Former spouses of United States Information Agency and Agency for 
        International Development employees

    Any individual who on February 14, 1981, was an otherwise qualified 
former spouse pursuant to this section, but who was married to a former 
Foreign Service employee of the United States Information Agency or of 
the Agency for International Development, shall be entitled to benefits 
under this section if--
        (1) the former employee retired from the Civil Service 
    Retirement and Disability System on a date before his employing 
    agency could legally participate in the Foreign Service Retirement 
    and Disability System; and
        (2) the marriage included at least five years during which the 
    employee was assigned overseas.

(Pub. L. 96-465, title I, Sec. 830, as added Pub. L. 100-204, title I, 
Sec. 188(a), Dec. 22, 1987, 101 Stat. 1369; amended Pub. L. 101-246, 
title I, Sec. 146(a), Feb. 16, 1990, 104 Stat. 37.)

                          Codification

    Another section 830 of the Foreign Service Act of 1980 was enacted 
by Pub. L. 100-238 and is classified to section 4069-1 of this title.


                               Amendments

    1990--Subsec. (f). Pub. L. 101-246 added subsec. (f).

                          Transfer of Functions

    United States Information Agency (other than Broadcasting Board of 
Governors and International Broadcasting Bureau) abolished and functions 
transferred to Secretary of State, see sections 6531 and 6532 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 6551 of this title.
