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.
22 U.S. Code § 4069b–1. Survivor benefits for certain former spouses
(a) Eligibility; amount of annuityAny 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), to a survivor annuity equal to 55 percent of the greater of—
(b) Election by former spouse
(c) DisqualificationA former spouse shall not be entitled to a survivor annuity under this section if—
the former spouse remarries before age 55; or
(d) Period of entitlement; application approval and payment
(1) The entitlement of a former spouse to a survivor annuity under this section—
(A) shall commence—
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 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.
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 the effective date of this section.
(e) Promulgation of regulations; notification of rightsThe Secretary shall—
as soon as possible, but not later than 60 days after the effective date of this section, issue such regulations as may be necessary to carry out this section; and
(f) Effect of section on annuity
References in Text
For the effective date of this section, referred to in subsecs. (d)(1)(A)(i), (ii)(II), (2) and (e)(1), see Effective Date note set out below.