
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: 22USC4069b-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. 4069b-1. 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 of 
available appropriations, 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    if the participant or former participant had not withdrawn a lump-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 the effective date of 
        this section, beginning on such date; 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) the effective date of this section; 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 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 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 the effective date of this section.

(e) Promulgation of regulations; notification of rights

    The Secretary shall--
        (1) as soon as possible, but not later than 60 days after the 
    effective date of this section, 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.

(Pub. L. 96-465, title I, Sec. 832, as added Pub. L. 100-238, title II, 
Sec. 204(a), Jan. 8, 1988, 101 Stat. 1771.)

                       References in Text

    For the effective date of this section, referred to in subsecs. 
(d)(1)(A)(i), (ii)(II), (2) and (e)(1), see Effective Date note set out 
below.

                          Codification

    Another section 832 of the Foreign Service Act of 1980 was enacted 
by Pub. L. 100-204 and is classified to section 4069c 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.
