
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC2154]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
    CHAPTER 38--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
 
  SUBCHAPTER III--PARTICIPATION IN FEDERAL EMPLOYEES' RETIREMENT SYSTEM
 
Sec. 2154. Special rules for former spouses


(a) General rule

    Except as otherwise specifically provided in this section, the 
provisions of chapter 84 of title 5 shall apply in the case of an 
employee of the Agency who is subject to chapter 84 of title 5 and who 
has a former spouse (as defined in section 8401(12) of title 5) or a 
qualified former spouse.

(b) Definitions

    For purposes of this section:

                            (1) Employee

        The term ``employee'' means an employee of the Agency who is 
    subject to chapter 84 of title 5, including an employee referred to 
    in section 2152(a) of this title.

                     (2) Qualified former spouse

        The term ``qualified former spouse'' means a former spouse of an 
    employee or retired employee who--
            (A) in the case of a former spouse whose divorce from such 
        employee became final on or before December 4, 1991, was married 
        to such employee for not less than 10 years during periods of 
        the employee's service which are creditable under section 8411 
        of title 5, at least 5 years of which were spent outside the 
        United States by both the employee and the former spouse during 
        the employee's service with the Agency; and
            (B) in the case of a former spouse whose divorce from such 
        employee becomes final after December 4, 1991, was married to 
        such employee for not less than 10 years during periods of the 
        employee's service which are creditable under section 8411 of 
        title 5, at least 5 years of which were spent by the employee 
        outside the United States during the employee's service with the 
        Agency or otherwise in a position the duties of which qualified 
        the employee for designation by the Director under the criteria 
        prescribed in section 2013 of this title.

                         (3) Pro rata share

        The term ``pro rata share'' means the percentage that is equal 
    to (A) the number of days of the marriage of the qualified former 
    spouse to the employee during the employee's periods of creditable 
    service under chapter 84 of title 5, divided by (B) the total number 
    of days of the employee's creditable service.

                        (4) Spousal agreement

        The term ``spousal agreement'' means an agreement between an 
    employee, former employee, or retired employee and such employee's 
    spouse or qualified former spouse that--
            (A) is in writing, is signed by the parties, and is 
        notarized;
            (B) has not been modified by court order; and
            (C) has been authenticated by the Director.

                           (5) Court order

        The term ``court order'' means any court decree of divorce, 
    annulment or legal separation, or any court order or court-approved 
    property settlement agreement incident to such court decree of 
    divorce, annulment, or legal separation.

(c) Entitlement of qualified former spouse to retirement benefits

                           (1) Entitlement

        (A) In general

            Unless otherwise expressly provided by a spousal agreement 
        or court order governing disposition of benefits payable under 
        subchapter II or V of chapter 84 of title 5, a qualified former 
        spouse of an employee is entitled to a share (determined under 
        subparagraph (B)) of all benefits otherwise payable to such 
        employee under subchapter II or V of chapter 84 of title 5.

        (B) Amount of share

            The share referred to in subparagraph (A) equals--
                (i) 50 percent, if the qualified former spouse was 
            married to the employee throughout the entire period of the 
            employee's service which is creditable under chapter 84 of 
            title 50; \1\ or
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    \1\ So in original. Probably should be title ``5''.
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                (ii) a pro rata share of 50 percent, if the qualified 
            former spouse was not married to the employee throughout 
            such creditable service.

                       (2) Annuity supplement

        The benefits payable to an employee under subchapter II of 
    chapter 84 of title 5 shall include, for purposes of this 
    subsection, any annuity supplement payable to such employee under 
    sections 8421 and 8421a of such title.

         (3) Disqualification upon remarriage before age 55

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

                  (4) Commencement and termination

        (A) Commencement

            The benefits of a qualified former spouse under this 
        subsection commence on the later of--
                (i) the day on which the employee upon whose service the 
            benefits are based becomes entitled to the benefits; or
                (ii) the first day of the second month beginning after 
            the date on which the Director receives written notice of 
            the court order or spousal agreement, together with such 
            additional information or documentation as the Director may 
            prescribe.

        (B) Termination

            The benefits of the qualified former spouse and the right 
        thereto terminate on--
                (i) the last day of the month before the qualified 
            former spouse remarries before 55 years of age or dies; or
                (ii) the date on which the retired employee's benefits 
            terminate (except in the case of benefits subject to 
            paragraph (5)(B)).

                  (5) Payments to retired employees

        (A) Calculation of survivor annuity

            Any reduction in payments to a retired employee as a result 
        of payments to a qualified former spouse under this subsection 
        shall be disregarded in calculating--
                (i) the survivor annuity for any spouse, former spouse 
            (qualified or otherwise), or other survivor under chapter 84 
            of title 5, and
                (ii) any reduction in the annuity of the retired 
            employee to provide survivor benefits under subsection (d) 
            of this section or under sections \2\ 8442 or 8445 of title 
            5.
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    \2\ So in original. Probably should be ``section''.
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        (B) Reduction in basic pay upon recall to service

            If a retired employee whose annuity is reduced under 
        paragraph (1) is recalled to service under section 2152(c) of 
        this title, the basic pay of that annuitant shall be reduced by 
        the same amount as the annuity would have been reduced if it had 
        continued. Amounts equal to the reductions under this 
        subparagraph shall be deposited in the Treasury of the United 
        States to the credit of the Civil Service Retirement and 
        Disability Fund.

             (6) Special rules for disability annuitants

        Notwithstanding paragraphs (1) and (4), in the case of any 
    qualified former spouse of a disability annuitant--
            (A) the annuity of such former spouse shall commence on the 
        date on which the employee would qualify, on the basis of the 
        employee's creditable service, for benefits under subchapter II 
        of chapter 84 of title 5 or on the date on which the disability 
        annuity begins, whichever is later; and
            (B) the amount of the annuity of the qualified former spouse 
        shall be calculated on the basis of the benefits for which the 
        employee would otherwise qualify under subchapter II of chapter 
        84 of such title.

     (7) Pro rata share in case of employees transferred to FERS

        Notwithstanding paragraph (1)(B), in the case of an employee who 
    has elected to become subject to chapter 84 of title 5, the share of 
    such employee's qualified former spouse shall equal the sum of--
            (A) 50 percent of the employee's annuity under subchapter 
        III of chapter 83 of title 5 or under subchapter II of this 
        chapter (computed in accordance with section 302(a) of the 
        Federal Employees' Retirement System Act of 1986 or section 2157 
        of this title), multiplied by the proportion that the number of 
        days of marriage during the period of the employee's creditable 
        service before the effective date of the election to transfer 
        bears to the employee's total creditable service before such 
        effective date; and
            (B) if applicable, 50 percent of the employee's benefits 
        under chapter 84 of title 5 or section 2152(a) of this title 
        (computed in accordance with section 302(a) of the Federal 
        Employees' Retirement System Act of 1986 or section 2157 of this 
        title), multiplied by the proportion that the number of days of 
        marriage during the period of the employee's creditable service 
        on and after the effective date of the election to transfer 
        bears to the employee's total creditable service after such 
        effective date.

           (8) Treatment of pro rata share under title 26

        For purposes of title 26, payments to a qualified former spouse 
    under this subsection shall be treated as income to the qualified 
    former spouse and not to the employee.

(d) Qualified former spouse survivor benefits

                           (1) Entitlement

        (A) In general

            Subject to an election under section 8416(a) of title 5, and 
        unless otherwise expressly provided by any spousal agreement or 
        court order governing survivor benefits payable under this 
        subsection to a qualified former spouse, such former spouse is 
        entitled to a share, determined under subparagraph (B), of all 
        survivor benefits that would otherwise be payable under 
        subchapter IV of chapter 84 of title 5 to an eligible surviving 
        spouse of the employee.

        (B) Amount of share

            The share referred to in subparagraph (A) equals--
                (i) 100 percent, if the qualified former spouse was 
            married to the employee throughout the entire period of the 
            employee's service which is creditable under chapter 84 of 
            title 5; or
                (ii) a pro rata share of 100 percent, if the qualified 
            former spouse was not married to the employee throughout 
            such creditable service.

                        (2) Survivor benefits

        (A) The survivor benefits payable under this subsection to a 
    qualified former spouse shall include the amount payable under 
    section 8442(b)(1)(A) of title 5 and any supplementary annuity under 
    section 8442(f) of such title that would be payable if such former 
    spouse were a widow or widower entitled to an annuity under such 
    section.
        (B) Any calculation under section 8442(f) of title 5 of the 
    supplementary annuity payable to a widow or widower of an employee 
    referred to in section 2152(a) of this title shall be based on an 
    ``assumed CIARDS annuity'' rather than an ``assumed CSRS annuity'' 
    as stated in section 8442(f) of such title. For the purpose of this 
    subparagraph, the term ``assumed CIARDS annuity'' means the amount 
    of the survivor annuity to which the widow or widower would be 
    entitled under subchapter II of this chapter based on the service of 
    the deceased annuitant determined under section 8442(f)(5) of such 
    title.

         (3) Disqualification upon remarriage before age 55

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

                           (4) Restoration

        If the survivor annuity payable under this subsection to a 
    surviving qualified former spouse is terminated because of 
    remarriage before becoming age 55, the annuity shall be restored at 
    the same rate commencing on the date such remarriage is dissolved by 
    death, divorce, or annulment, if--
            (A) such former spouse elects to receive this survivor 
        annuity instead of any other survivor benefit to which such 
        former spouse may be entitled under subchapter IV of chapter 84 
        of title 5, or under another retirement system for Government 
        employees by reason of the remarriage; and
            (B) any lump sum paid on termination of the annuity is 
        returned to the Civil Service Retirement and Disability Fund.

        (5) Modification of court order or spousal agreement

        A modification in a court order or spousal agreement to adjust a 
    qualified former spouse's share of the survivor benefits shall not 
    be effective if issued after the retirement or death of the 
    employee, former employee, or annuitant, whichever occurs first.

       (6) Effect of termination of qualified former spouse's 
                                 entitlement

        After a qualified former spouse of a retired employee remarries 
    before becoming age 55 or dies, the reduction in the retired 
    employee's annuity for the purpose of providing a survivor annuity 
    for such former spouse shall be terminated. The annuitant may elect, 
    in a signed writing received by the Director within 2 years after 
    the qualified former spouse's remarriage or death, to continue the 
    reduction in order to provide or increase the survivor annuity for 
    such annuitant's spouse. The annuitant making such election shall 
    pay a deposit in accordance with the provisions of section 8418 of 
    title 5.

     (7) Pro rata share in case of employees transferred to FERS

        Notwithstanding paragraph (1)(B), in the case of an employee who 
    has elected to become subject to chapter 84 of title 5, the share of 
    such employee's qualified former spouse to survivor benefits shall 
    equal the sum of--
            (A) 50 percent of the employee's annuity under subchapter 
        III of chapter 83 of title 5 or under subchapter II of this 
        chapter (computed in accordance with section 302(a) of the 
        Federal Employees' Retirement System Act of 1986 or section 2157 
        of this title), multiplied by the proportion that the number of 
        days of marriage during the period of the employee's creditable 
        service before the effective date of the election to transfer 
        bears to the employee's total creditable service before such 
        effective date; and
            (B) if applicable--
                (i) 50 percent of the employee's annuity under chapter 
            84 of title 5 or section 2152(a) of this title (computed in 
            accordance with section 302(a) of the Federal Employees' 
            Retirement System Act of 1986 or section 2157 of this 
            title), plus
                (ii) the survivor benefits referred to in subsection 
            (d)(2)(A) of this section,

        multiplied by the proportion that the number of days of marriage 
        during the period of the employee's creditable service on and 
        after the effective date of the election to transfer bears to 
        the employee's total creditable service after such effective 
        date.

(e) Qualified former spouse Thrift Savings Plan benefit

                           (1) Entitlement

        (A) In general

            Unless otherwise expressly provided by a spousal agreement 
        or court order governing disposition of the balance of an 
        account in the Thrift Savings Fund under subchapter III of 
        chapter 84 of title 5, a qualified former spouse of an employee 
        is entitled to a share (determined under subparagraph (B)) of 
        the balance in the employee's account in the Thrift Savings Fund 
        on the date the divorce of the qualified former spouse and 
        employee becomes final.

        (B) Amount of share

            The share referred to in subparagraph (A) equals 50 percent 
        of the employee's account balance in the Thrift Savings Fund 
        that accrued during the period of marriage. For purposes of this 
        subsection, the employee's account balance shall not include the 
        amount of any outstanding loan.

                       (2) Payment of benefit

        (A) Time of payment

            The entitlement of a qualified former spouse under paragraph 
        (1) shall be effective on the date the divorce of the qualified 
        former spouse and employee becomes final. The qualified former 
        spouse's benefit shall be payable after the date on which the 
        Director receives the divorce decree or any applicable court 
        order or spousal agreement, together with such additional 
        information or documentation as the Director may require.

        (B) Method of payment

            The qualified former spouse's benefit under this subsection 
        shall be paid in a lump sum.

        (C) Limitation

            A spousal agreement or court order may not provide for 
        payment to a qualified former spouse under this subsection of an 
        amount that exceeds the employee's account balance in the Thrift 
        Savings Fund.

        (D) Death of qualified former spouse

            If the qualified former spouse dies before payment of the 
        benefit provided under this subsection, such payment shall be 
        made to the estate of the qualified former spouse.

        (E) Bar to recovery

            Any payment under this subsection to an individual bars 
        recovery by any other individual.

                         (3) Closed account

        No payment under this subsection may be made by the Director if 
    the date on which the divorce becomes final is after the date on 
    which the total amount of the employee's account balance has been 
    withdrawn or transferred, or the date on which an annuity contract 
    has been purchased, in accordance with section 8433 of title 5.

(f) Preservation of rights of qualified former spouses

    An employee may not make an election or modification of election 
under section 8417 or 8418 of title 5, or other section relating to the 
employee's annuity under subchapter II of chapter 84 of title 5, that 
would diminish the entitlement of a qualified former spouse to any 
benefit granted to such former spouse by this section or by court order 
or spousal agreement.

(g) Payment of share of lump-sum credit

    Whenever an employee or former employee becomes entitled to receive 
the lump-sum credit under section 8424(a) of title 5, a share 
(determined under subsection (c)(1)(B) of this section) of that lump-sum 
credit shall be paid to any qualified former spouse of such employee, 
unless otherwise expressly provided by any spousal agreement or court 
order governing disposition of the lump-sum credit involved.

(h) Payment to qualified former spouses under court order or spousal 
        agreement

    In the case of any employee or retired employee who has a qualified 
former spouse who is covered by a court order or who is a party to a 
spousal agreement--
        (1) any right of the qualified former spouse to any retirement 
    benefits under subsection (c) of this section and to any survivor 
    benefits under subsection (d) of this section, and the amount of any 
    such benefits;
        (2) any right of the qualified former spouse to any Thrift 
    Savings Plan benefit under subsection (e) of this section, and the 
    amount of any such benefit; and
        (3) any right of the qualified former spouse to any payment of a 
    lump-sum credit under subsection (g) of this section, and the amount 
    of any such payment;

shall be determined in accordance with that spousal agreement or court 
order, if and to the extent expressly provided for in the terms of the 
spousal agreement or court order that are not inconsistent with the 
requirements of this section.

(i) Applicability of CIARDS former spouse benefits

    (1) Except as provided in paragraph (2), in the case of an employee 
who has elected to become subject to chapter 84 of title 5, the 
provisions of sections 2034 and 2035 of this title shall apply to such 
employee's former spouse (as defined in section 2002(a)(4) of this 
title) who would otherwise be eligible for benefits under sections 2034 
and 2035 of this title but for the employee having elected to become 
subject to such chapter.
    (2) For the purposes of computing such former spouse's benefits 
under sections 2034 and 2035 of this title--
        (A) the retirement benefits shall be equal to the amount 
    determined under subsection (c)(7)(A) of this section; and
        (B) the survivor benefits shall be equal to 55 percent of the 
    full amount of the employee's annuity computed in accordance with 
    section 302(a) of the Federal Employees' Retirement System Act of 
    1986 or regulations prescribed under section 2157 of this title.

    (3) Benefits provided pursuant to this subsection shall be payable 
from the Central Intelligence Agency Retirement and Disability Fund.

(Pub. L. 88-643, title III, Sec. 304, as added Pub. L. 102-496, title 
VIII, Sec. 802, Oct. 24, 1992, 106 Stat. 3244; amended Pub. L. 103-178, 
title II, Sec. 202(a)(15), Dec. 3, 1993, 107 Stat. 2027.)

                       References in Text

    Section 302(a) of the Federal Employees' Retirement System Act of 
1986, referred to in subsecs. (c)(7)(A), (B), (d)(7)(A), (B)(i), and 
(i)(2)(B), is section 302(a) of Pub. L. 99-335, which is set out as a 
note under section 8331 of Title 5, Government Organization and 
Employees.


                            Prior Provisions

    A prior section 304 of Pub. L. 88-643, as added Pub. L. 99-335, 
title V, Sec. 506, June 6, 1986, 100 Stat. 626; amended Pub. L. 100-178, 
title IV, Sec. 402(b)(2), Dec. 2, 1987, 101 Stat. 1014; Pub. L. 102-183, 
title III, Sec. 309(a), Dec. 4, 1991, 105 Stat. 1266, related to special 
rules for 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. (i)(1). Pub. L. 103-178 substituted ``section 
2002(a)(4)'' for ``section 2002(a)(3)''.


                    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.
