(a) Eligibility; percentage of benefitsAny individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent or in such amounts as are provided in advance in appropriations Acts, and except to the extent such former spouse is disqualified under subsection (b), to benefits—
(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 benefits.
(b) DisqualificationA former spouse shall not be entitled to benefits under this section if—
(2)
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.
(c) Period of entitlement; construction with other provisions; application approval and payment
(1) The entitlement of a former spouse to benefits under this section—
(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant—
(A)
the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this subchapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and
(B)
the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify.
(3)
Benefits under this section shall be treated the same as an annuity under section 4054(a)(7) of this title for purposes of section 4046(h) of this title or any comparable provision of law.
(4)
(A)
Benefits 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.
(B)
Upon approval of an application provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before December 22, 1987.
(d) “Benefits” definedFor the purposes of this section, the term “benefits” means—
(1)
with respect to a participant or former participant subject to this part, the annuity of the participant or former participant; and
(2)
with respect to a participant or former participant subject to part II, the benefits of the participant or former participant under that part.
(e) Effect of section on annuity
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.
(f) Former spouses of United States Information Agency and Agency for International Development employeesAny individual who on February 14, 1981, was an otherwise qualified former spouse pursuant to this section, but who was married to a former Foreign Service employee of the United States Information Agency or of the Agency for International Development, shall be entitled to benefits under this section if—
(1)
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
(Pub. L. 96–465, title I, § 830, as added Pub. L. 100–204, title I, § 188(a), Dec. 22, 1987, 101 Stat. 1369; amended Pub. L. 101–246, title I, § 146(a), Feb. 16, 1990, 104 Stat. 37.)