50 U.S. Code § 2035 - Retirement annuity for certain former spouses
A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.
An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than June 2, 1990. The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.
Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before December 2, 1987.
Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B).
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.
A prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, § 401(a), Dec. 2, 1987, 101 Stat. 1012; amended Pub. L. 100–453, title III, § 302(c)(1), Sept. 29, 1988, 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), Aug. 14, 1991, 105 Stat. 433, related to retirement benefits for certain other former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
1993—Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”.
Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), substituted “June 2, 1990” for “June 2, 1991”.