§4069b Survivor benefits for certain former spouses

Summary

Former spouses who were married to a participant or former participant on February 14, 1981 may get a survivor annuity, if Congress provides the money. The annuity is 55 percent of whichever is larger: the participant’s full annuity as normally calculated, or the full annuity amount the participant would have had if they had not taken a lump-sum withdrawal. If an election under sections 4159 or 4046(f) was made about the former spouse, the survivor annuity is reduced by the amount of that election. A former spouse cannot get this annuity if they remarried before age 55, or if they were not married to the participant for at least 10 years of the participant’s credited service with at least 5 of those years while the participant was in the Foreign Service. Payments begin December 22, 1987 for those whose participant was already deceased by that date; otherwise they begin on the later of the participant’s death or December 22, 1987. The annuity ends when the former spouse dies or remarries before age 55. Written application with any needed documents had to be filed within 30 months after December 22, 1987, though the Secretary can waive that deadline. The Secretary had to issue rules within 60 days after December 22, 1987 and try to notify eligible former spouses from February 14, 1981. This rule does not reduce a participant’s own annuity. Former spouses of certain USIA or AID employees who retired under CSRS before their agency could join the Foreign Service system may qualify if the marriage included at least five years with the employee assigned overseas.