Federal · Title 22 — Foreign Relations and Intercourse
22 U.S.C. § 4069b: Survivor benefits for certain former spouses
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the full amount of the participant’s or former participant’s annuity, as computed under this subchapter; or the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. If an election has been made with respect to such former spouse under section 4159 or 4046(f) of this title, then the survivor annuity under subsection (a) of such former spouse shall be equal to the full amount of the participant’s or former participant’s annuity referred to in subsection (a) less the amount of such election. the former spouse remarries before age 55; or the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this subchapter with at least 5 years occurring while the participant was a member of the Foreign Service. in the case of a former spouse of a participant or former participant who is deceased as of December 22, 1987 , beginning on December 22, 1987 ; and the date that the participant or former participant to whom the former spouse was married dies; or December 22, 1987 ; and shall terminate on the last day of the month before the former spouse’s death or remarriage before attaining the age 55. A survivor annuity under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after December 22, 1987 . The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant. Upon approval of an application provided under subparagraph (A), 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 December 22, 1987 . as soon as possible, but not later than 60 days after December 22, 1987 , issue such regulations as may be necessary to carry out this section; and to the extent practicable, and as soon as possible, inform each individual who was a former spouse of a participant or former participant on February 14, 1981 , of any rights which such individual may have under this section. 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. 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 the marriage included at least five years during which the employee was assigned overseas.
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