
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: 22USC4071j]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                       CHAPTER 52--FOREIGN SERVICE
 
       SUBCHAPTER VIII--FOREIGN SERVICE RETIREMENT AND DISABILITY
 
                 Part II--Foreign Service Pension System
 
Sec. 4071j. Former spouses


(a) Entitlement to share in benefits; conditions; remarriage; payments 
        as income to former spouse; disability annuitants; election 
        regarding method of payment; maximum amount payable

    (1)(A) Unless otherwise expressly provided by any spousal agreement 
or court order governing disposition of benefits under this part, a 
former spouse of a participant or former participant is entitled, during 
the period described in subparagraph (B), to a share (determined under 
paragraph (2)) of all benefits otherwise payable to such participant 
under this part if such former spouse was married to the participant for 
at least 10 years during service of the participant which is creditable 
under this subchapter with at least 5 of such years occurring while the 
participant was a member of the Foreign Service.
    (B) The period referred to in subparagraph (A) is the period which 
begins on the first day of the month following the month in which the 
divorce or annulment becomes final and ends on the last day of the month 
before the former spouse dies or remarries before 55 years of age.
    (2) The share referred to in paragraph (1) equals--
        (A) 50 percent, if such former spouse was married to the 
    participant throughout the actual years of service of the 
    participant which are creditable under this subchapter; or
        (B) a pro rata share of 50 percent, if such former spouse was 
    not married to the participant throughout such creditable service.

    (3) A former spouse shall not be qualified for any benefit under 
this subsection if, before the commencement of any benefit, the former 
spouse remarries before becoming 55 years of age.
    (4)(A) For purposes of title 26, payments to a former spouse under 
this section shall be treated as income to the former spouse and not to 
the participant.
    (B) Any reduction in payments to a participant or former participant 
as a result of payments to a former spouse under this subsection shall 
be disregarded in calculating--
        (i) the survivor annuity for any spouse, former spouse, or other 
    survivor under this part, and
        (ii) any reduction in the annuity of the participant to provide 
    survivor benefits under this part.

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

    (6)(A) Except as provided in subparagraph (B), any former spouse who 
becomes entitled to receive any benefit under this part which would 
otherwise be payable to a participant or former participant shall be 
entitled to make any election regarding method of payment to such former 
spouse that such participant would have otherwise been entitled to 
elect, and the participant may elect an alternate method for the 
remaining share of such benefits. Such elections shall not increase the 
actuarial present value of benefits expected to be paid under this part.
    (B) A former spouse may not elect a method of payment under 
subchapter II, chapter 84 of title 5, providing for payment of a 
survivor annuity to any survivor of the former spouse.
    (7) The maximum amount payable to any former spouse pursuant to this 
subsection shall be the difference, if any, between 50 percent of the 
total benefits authorized to be paid to a former participant by this 
part, disregarding any apportionment of these benefits to others, and 
the aggregate amount payable to all others at any one time.

(b) Entitlement to survivor benefits; determination of share; 
        disqualification upon remarriage

    (1) Unless otherwise expressly provided for by any spousal agreement 
or court order governing survivorship benefits under this part to a 
former spouse married to a participant or former participant for the 
periods specified in subsection (a)(1)(A) of this section, such former 
spouse is entitled to a share, determined under subsection (b)(2) of 
this section, of all survivor benefits that would otherwise be payable 
under this part to an eligible surviving spouse of the participant.
    (2) The share referred to in subsection (b)(1) of this section 
equals--
        (A) 100 percent if such former spouse was married to the 
    participant throughout the entire period of service of the 
    participant which is creditable under this subchapter; or
        (B) a pro rata share of 100 percent if such former spouse was 
    not married to the participant throughout such creditable service.

    (3) A former spouse shall not be qualified for any benefit under 
this subsection if, before the commencement of any benefit, the former 
spouse remarries before becoming 55 years of age.

(c) Diminution of entitlement of former spouse prohibited

    A participant or former participant may not make any election or 
modification of election under section 8417, 8418, or 8433 of title 5 or 
other section relating to the participant's account in the Thrift 
Savings Plan or annuity under the basic plan that would diminish the 
entitlement of a former spouse to any benefit granted to the former 
spouse by this section or in a current spousal agreement.

(d) Transfer of participant from Foreign Service Retirement and 
        Disability System; determination of benefit share

    If a member becomes a participant under this part after qualifying 
for benefits under part I of this subchapter and, at the time of 
transfer, has a former spouse entitled to benefits under part I of this 
subchapter which are determined under section 4054 or 4055 of this title 
(as determined by the Secretary of State) and are similar in amount to a 
pro rata share division under section 4054 or 4055 of this title and the 
service of the member as a participant under this part is not recognized 
in determining that pro rata share, then subsections (a) and (b) of this 
section shall not apply to such former spouse. Otherwise, subsections 
(a) and (b) of this section shall apply.

(e) Death of participant entitled to deferred annuity; spousal 
        agreement; payment of survivor annuity

    If a participant dies after completing at least 18 months of service 
or a former participant dies entitled to a deferred annuity, but before 
becoming eligible to receive the annuity, and such participant or former 
participant has left with the Secretary of State a spousal agreement 
promising a share of a survivor annuity under subchapter IV, chapter 84, 
title 5, to a former spouse, such survivor annuity shall be paid under 
the terms of this part as if the survivor annuity had been ordered by a 
court.

(Pub. L. 96-465, title I, Sec. 861, as added Pub. L. 99-335, title IV, 
Sec. 415, June 6, 1986, 100 Stat. 619; amended Pub. L. 99-514, Sec. 2, 
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 99-556, title IV, Sec. 407, Oct. 
27, 1986, 100 Stat. 3139.)


                               Amendments

    1986--Subsec. (a)(4)(A). Pub. L. 99-514 substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'', which for 
purposes of codification was translated as ``title 26'' thus requiring 
no change in text.
    Subsec. (b)(3). Pub. L. 99-556 added par. (3).


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-556 effective Jan. 1, 1987, see section 408 
of Pub. L. 99-556, set out as a note under section 4046 of this title.
