22 U.S. Code § 4069a - Retirement benefits for certain former spouses
Retirement benefits for certain former spouses
(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—
(b) DisqualificationA former spouse shall not be entitled to benefits under this section if—
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.
(c) Period of entitlement; construction with other provisions; application approval and payment
(1) The entitlement of a former spouse to benefits under this section—
(A) shall commence on the later of—
(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant—
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.
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—
(e) Effect of section on annuity
(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—
the marriage included at least five years during which the employee was assigned overseas.
1990—Subsec. (f). Pub. L. 101–246 added subsec. (f).
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