
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2034]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
                                 SYSTEM
 
                    Part C--Computation of Annuities
 
Sec. 2034. Survivor annuity for certain other former spouses


(a) Survivor annuity

                           (1) In general

        An individual who was a former spouse of a participant or 
    retired participant on November 15, 1982, shall be entitled, 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--
            (A) the unreduced amount of the participant's or retired 
        participant's annuity, as computed under section 2031(a) of this 
        title; or
            (B) the unreduced amount of what such annuity as so computed 
        would be if the participant, former participant, or retired 
        participant had not elected payment of the lump-sum credit under 
        section 2143 of this title.

                  (2) Reduction in survivor annuity

        A survivor annuity payable under this section shall be reduced 
    by an amount equal to any survivor annuity payments made to the 
    former spouse under section 2033 of this title.

(b) Limitations

    A former spouse is not entitled to a survivor annuity under this 
section if--
        (1) the former spouse remarries before age 55, except that the 
    entitlement of the former spouse to such a survivor annuity shall be 
    restored on the date such remarriage is dissolved by death, 
    annulment, or divorce; or
        (2) the former spouse is less than 50 years of age.

(c) Commencement and termination of annuity

                     (1) Commencement of annuity

        The entitlement of a former spouse to a survivor annuity under 
    this section shall commence--
            (A) in the case of a former spouse of a participant or 
        retired participant who is deceased as of October 1, 1986, 
        beginning on the later of--
                (i) the 60th day after such date; or
                (ii) the date on which the former spouse reaches age 50; 
            and

            (B) in the case of any other former spouse, beginning on the 
        latest of--
                (i) the date on which the participant or retired 
            participant to whom the former spouse was married dies;
                (ii) the 60th day after October 1, 1986; or
                (iii) the date on which the former spouse attains age 
            50.

                     (2) Termination of annuity

        The entitlement of a former spouse to a survivor annuity under 
    this section terminates on the last day of the month before the 
    former spouse's death or remarriage before attaining age 55. The 
    entitlement of a former spouse to such a survivor annuity shall be 
    restored on the date such remarriage is dissolved by death, 
    annulment, or divorce.

(d) Application

                       (1) Time limit; waiver

        A survivor annuity under this section shall not be payable 
    unless appropriate written application is provided to the Director, 
    complete with any supporting documentation which the Director may by 
    regulation require. Any such application shall be submitted not 
    later than April 1, 1989. The Director may waive the application 
    deadline under the preceding sentence in any case in which the 
    Director determines that the circumstances warrant such a waiver.

                      (2) Retroactive benefits

        Upon approval of an application provided under paragraph (1), 
    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 October 1, 1986.

(e) Restoration of annuity

    Notwithstanding subsection (d)(1) of this section, the deadline by 
which an application for a survivor annuity must be submitted shall not 
apply in cases in which a former spouse's entitlement to such a survivor 
annuity is restored under subsection (b)(1) or (c)(2) of this section.

(Pub. L. 88-643, title II, Sec. 224, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3217; amended Pub. L. 103-178, 
title II, Sec. 202(a)(6), Dec. 3, 1993, 107 Stat. 2026.)


                            Prior Provisions

    A prior section 224 of Pub. L. 88-643, as added Pub. L. 99-569, 
title III, Sec. 302(a), Oct. 27, 1986, 100 Stat. 3192; amended Pub. L. 
100-453, title III, Sec. 302(b)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. 
L. 101-193, title III, Sec. 304(a), Nov. 30, 1989, 103 Stat. 1703; Pub. 
L. 102-88, title III, Sec. 307(a), Aug. 14, 1991, 105 Stat. 432; Pub. L. 
102-183, title III, Sec. 304, Dec. 4, 1991, 105 Stat. 1264, related to 
survivor annuities for certain other former spouses and was set out as a 
note under section 403 of this title prior to the general amendment of 
Pub. L. 88-643 by section 802 of Pub. L. 102-496.


                               Amendments

    1993--Subsec. (c)(1)(B)(i). Pub. L. 103-178 substituted ``retired 
participant'' for ``former participant''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-178 effective Feb. 1, 1993, see section 
202(b) of Pub. L. 103-178, set out as a note under section 2001 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 403n, 2031, 2052, 2154 of 
this title.
