22 U.S. Code § 4069b–1 - Survivor benefits for certain former spouses
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(a) Eligibility; amount of annuity
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 a survivor annuity equal to 55 percent of the greater of—
(1) the full amount of the participant’s or former participant’s annuity, as computed under this subchapter; or
(b) Election by former spouse
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 this section 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) of this section less the amount of such election.
A former spouse shall not be entitled to a survivor annuity under this section if—
(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—
(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on such date; and
(A) 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.
(B) 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 rights
The Secretary shall—
(1) 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
Source(Pub. L. 96–465, title I, § 832, as added Pub. L. 100–238, title II, § 204(a),Jan. 8, 1988, 101 Stat. 1771.)
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.
Another section 832 of the Foreign Service Act of 1980 was enacted by Pub. L. 100–204and is classified to section 4069c of this title.
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