
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: 22USC4069b]

 
               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. 4069b. Survivor benefits for certain former spouses


(a) Eligibility; amount of annuity

    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 a survivor annuity equal to 55 percent of the 
greater of--
        (1) the full amount of the participant's or former participant's 
    annuity, as computed under this subchapter; or
        (2) the full amount of what such annuity as so computed would be 
    if the participant or former participant had not withdrawn a lump-
    sum portion of contributions made with respect to such annuity.

(b) Election by former spouse

    If an election has been made with respect to such former spouse 
under section 4159 or 4046(f) of this title, then the survivor annuity 
under subsection (a) of this section of such former spouse shall be 
equal to the full amount of the participant's or former participant's 
annuity referred to in subsection (a) of this section less the amount of 
such election.

(c) Disqualification

    A former spouse shall not be entitled to a survivor annuity 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.

(d) Period of entitlement; application approval and payment

    (1) The entitlement of a former spouse to a survivor annuity under 
this section--
        (A) shall commence--
            (i) in the case of a former spouse of a participant or 
        former participant who is deceased as of December 22, 1987, 
        beginning on December 22, 1987; and
            (ii) in the case of any other former spouse, beginning on 
        the later of--
                (I) the date that the participant or former participant 
            to whom the former spouse was married dies; or
                (II) December 22, 1987; and

        (B) shall terminate on the last day of the month before the 
    former spouse's death or remarriage before attaining the age 55.

    (2)(A) A survivor annuity 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 survivor annuity shall be payable to the former spouse 
with respect to all periods before such approval during which the former 
spouse was entitled to such annuity under this section, but in no event 
shall a survivor annuity be payable under this section with respect to 
any period before December 22, 1987.

(e) Promulgation of regulations; notification of rights

    The Secretary shall--
        (1) as soon as possible, but not later than 60 days after 
    December 22, 1987, issue such regulations as may be necessary to 
    carry out this section; and
        (2) to the extent practicable, and as soon as possible, inform 
    each individual who was a former spouse of a participant or former 
    participant on February 14, 1981, of any rights which such 
    individual may have under this section.

(f) 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.

(g) 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 of 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. 831, as added Pub. L. 100-204, title I, 
Sec. 188(a), Dec. 22, 1987, 101 Stat. 1370; amended Pub. L. 101-246, 
title I, Sec. 146(b), Feb. 16, 1990, 104 Stat. 37.)

                          Codification

    Another section 831 of the Foreign Service Act of 1980 was enacted 
by Pub. L. 100-238 and is classified to section 4069a-1 of this title.


                               Amendments

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

                          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.
