
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-1]

 
               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-1. 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 of 
available appropriations, 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 of 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 the effective date of this section. 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 the effective date of this section.

(d) ``Benefits'' defined

    For the purpose 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.

(Pub. L. 96-465, title I, Sec. 831, as added Pub. L. 100-238, title II, 
Sec. 204(a), Jan. 8, 1988, 101 Stat. 1770.)

                       References in Text

    For the effective date of this section, referred to in subsec. 
(c)(4), see Effective Date note set out below.

                          Codification

    Another section 831 of the Foreign Service Act of 1980 was enacted 
by Pub. L. 100-204 and is classified to section 4069b of this title.


                             Effective Date

    Section effective 90 days after Jan. 8, 1988, see section 261(a) of 
Pub. L. 100-238, set out as an Effective Date of 1988 Amendment note 
under section 4054 of this title.
