22 U.S. Code § 4069a–1 - Retirement benefits for certain former spouses
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(a) Eligibility; percentage of benefits
Any individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b) of this section, to benefits—
(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the benefits of the participant; or
A former spouse shall not be entitled to benefits under this section if—
(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—
(i) the day the participant upon whose service the benefits are based becomes entitled to benefits under this subchapter; or
(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
(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.
(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 the effective date of this section. 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 the effective date of this section.
(d) “Benefits” defined
For the purpose 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
Source(Pub. L. 96–465, title I, § 831, as added Pub. L. 100–238, title II, § 204(a),Jan. 8, 1988, 101 Stat. 1770.)
References in Text
For the effective date of this section, referred to in subsec. (c)(4), see Effective Date note set out below.
Another section 831 of the Foreign Service Act of 1980 was enacted by Pub. L. 100–204and is classified to section 4069b of this title.
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