§4069b–1 Survivor benefits for certain former spouses

Summary

Gives certain former spouses of a participant or former participant who were married on February 14, 1981 a survivor annuity. The annuity is 55 percent of the larger of two amounts: the participant’s full annuity as normally computed, or what that annuity would be if the participant had not taken a lump-sum withdrawal. Payments depend on available appropriations. If the former spouse or participant made an election under sections 4159 or 4046(f), the survivor annuity is reduced by the amount of that election. A former spouse cannot get the annuity if they remarried before age 55 or if they were not married to the participant for at least 10 years of creditable service, with at least 5 of those years while the participant was in the Foreign Service. Payments start either on the effective date for ex-spouses whose partner was already deceased, or for others on the later of the participant’s death or the effective date. Payments stop the month before the former spouse dies or remarries before 55. The former spouse must apply in writing with required documents within 30 months of the effective date (the Secretary may waive this). Approved awards are paid back for eligible periods but never before the effective date. The Secretary must issue rules within 60 days and try to notify affected former spouses. Nothing in this rule reduces the participant’s own annuity.