
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: 22USC4069c]

 
               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. 4069c. Health benefits for certain former spouses


(a) Eligibility

    Except as provided in subsection (c)(1) of this section, any 
individual--
        (1) formerly married to an employee or former employee of the 
    Foreign Service, whose marriage was dissolved by divorce or 
    annulment before May 7, 1985;
        (2) who, at any time during the 18-month period before the 
    divorce or annulment became final, was covered under a health 
    benefits plan as a member of the family of such employee or former 
    employee; and
        (3) who was married to such employee for not less than 10 years 
    during periods of government service by such employee, is eligible 
    for coverage under a health benefits plan in accordance with the 
    provisions of this section.

(b) Prerequisites for enrollment; notification of rights

    (1) Any individual eligible for coverage under subsection (a) of 
this section may enroll in a health benefits plan for self alone or for 
self and family if, before the expiration of the 6-month period 
beginning on December 22, 1987, and in accordance with such procedures 
as the Director of the Office of Personnel Management shall by 
regulation prescribe, such individual--
        (A) files an election for such enrollment; and
        (B) arranges to pay currently into the Employees Health Benefits 
    Fund under section 8909 of title 5 an amount equal to the sum of the 
    employee and agency contributions payable in the case of an employee 
    enrolled under chapter 89 of such title in the same health benefits 
    plan and with the same level of benefits.

    (2) The Secretary shall, as soon as possible, take all steps 
practicable--
        (A) to determine the identity and current address of each former 
    spouse eligible for coverage under subsection (a) of this section; 
    and
        (B) to notify each such former spouse of that individual's 
    rights under this section.

    (3) The Secretary shall waive the 6-month limitation set forth in 
paragraph (1) in any case in which the Secretary determines that the 
circumstances so warrant.

(c) Disqualification

    (1) Any former spouse who remarries before age 55 is not eligible to 
make an election under subsection (b)(1) of this section.
    (2) Any former spouse enrolled in a health benefits plan pursuant to 
an election under subsection (b)(1) of this section may continue the 
enrollment under the conditions of eligibility which the Director of the 
Office of Personnel Management shall by regulation prescribe, except 
that any former spouse who remarries before age 55 shall not be eligible 
for continued enrollment under this section after the end of the 31-day 
period beginning on the date of remarriage.

(d) Prohibition on coverage by more than one plan

    No individual may be covered by a health benefits plan under this 
section during any period in which such individual is enrolled in a 
health benefits plan under any other authority, nor may any individual 
be covered under more than one enrollment under this section.

(e) ``Health benefits plan'' defined

    For purposes of this section the term ``health benefits plan'' means 
an approved health benefits plan under chapter 89 of title 5.

(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 subsections (a), (b), and (c) of 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. 832, as added Pub. L. 100-204, title I, 
Sec. 188(a), Dec. 22, 1987, 101 Stat. 1371; amended Pub. L. 101-246, 
title I, Sec. 146(c), Feb. 16, 1990, 104 Stat. 37.)

                          Codification

    Another section 832 of the Foreign Service Act of 1980 was enacted 
by Pub. L. 100-238 and is classified to section 4069b-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.
