
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: 50USC2035]

 
                   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. 2035. Retirement annuity for certain former spouses


(a) Retirement annuity

    An individual who was a former spouse of a participant, former 
participant, or retired participant on November 15, 1982, and any former 
spouse divorced after November 15, 1982, from a participant or former 
participant who retired before November 15, 1982, shall be entitled, 
except to the extent such former spouse is disqualified under subsection 
(b) of this section, to an annuity--
        (1) if married to the participant throughout the creditable 
    service of the participant, equal to 50 percent of the annuity of 
    the participant; or
        (2) if not married to the participant throughout such creditable 
    service, equal to that former spouse's pro rata share of 50 percent 
    of such annuity.

(b) Limitations

    A former spouse is not entitled to an annuity under this section 
if--
        (1) the former spouse remarries before age 55, except that the 
    entitlement of the former spouse to an annuity under this section 
    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

                      (1) Retirement annuities

        The entitlement of a former spouse to an annuity under this 
    section--
            (A) shall commence on the later of--
                (i) the day the participant upon whose service the right 
            to the annuity is based becomes entitled to an annuity under 
            this subchapter;
                (ii) the first day of the month in which the divorce or 
            annulment involved becomes final; or
                (iii) such former spouse's 50th birthday; and

            (B) shall terminate on the earlier of--
                (i) the last day of the month before the former spouse 
            dies or remarries before 55 years of age, except that the 
            entitlement of the former spouse to an annuity under this 
            section shall be restored on the date such remarriage is 
            dissolved by death, annulment, or divorce; or
                (ii) the date on which the annuity of the participant 
            terminates.

                      (2) Disability annuities

        Notwithstanding paragraph (1)(A)(i), in the case of a former 
    spouse of a disability annuitant--
            (A) the annuity of the former spouse shall commence on the 
        date on which the participant would qualify on the basis of the 
        participant's creditable service for an annuity under this 
        subchapter (other than 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.

                      (3) Election of benefits

        A former spouse of a participant or retired participant shall 
    not become entitled under this section to an annuity or to the 
    restoration of an annuity payable from the fund unless the former 
    spouse elects to receive it instead of any survivor annuity to which 
    the former spouse may be entitled under this or any other retirement 
    system for Government employees on the basis of a marriage to 
    someone other than the participant.

                           (4) Application

        (A) Time limit; waiver

            An 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, not later than June 2, 1990. 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.

        (B) Retroactive benefits

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

(d) Restoration of annuities

    Notwithstanding subsection (c)(4)(A) of this section, the deadline 
by which an application for a retirement annuity must be submitted shall 
not apply in cases in which a former spouse's entitlement to such 
annuity is restored under subsection (b)(1) or (c)(1)(B) of this 
section.

(e) Savings provision

    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. 88-643, title II, Sec. 225, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103-178, 
title II, Sec. 202(a)(7), Dec. 3, 1993, 107 Stat. 2026.)


                            Prior Provisions

    A prior section 225 of Pub. L. 88-643, as added Pub. L. 100-178, 
title IV, Sec. 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 
100-453, title III, Sec. 302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. 
L. 102-88, title III, Sec. 307(b), Aug. 14, 1991, 105 Stat. 433, related 
to retirement benefits 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)(3). Pub. L. 103-178, Sec. 202(a)(7)(A), 
substituted ``any survivor annuity'' for ``any other annuity''.
    Subsec. (c)(4)(A). Pub. L. 103-178, Sec. 202(a)(7)(B), substituted 
``June 2, 1990'' for ``June 2, 1991''.


                    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, 2154 of this title.
