§4159 Survivor benefits for certain former spouses

Summary

People who were in the Foreign Service Retirement and Disability System and who had a former spouse on February 15, 1981 can choose to take a smaller pension so their former spouse gets a survivor annuity under section 4054(b). If they had not retired by that date, they can make the choice any time before they retire. If they had already retired by that date, the Secretary of State will set how long after February 15, 1981 they have to decide. For subchapter VIII rules, the choice counts the same as a spousal agreement under section 4060(b)(1). The choice can use all or part of any pension amount not already promised as a survivor base for a current spouse or another former spouse. The participant and spouse can make a related election before retirement under section 4046(b)(1)(B) to allow this choice. How much the pension is reduced is set by section 4046(b)(2). The reduction starts either on the pension start date (if chosen before retirement) or on February 15, 1981 (if chosen by someone already retired). The terms “former spouse,” “participant,” and “spousal agreement” are defined in sections 4043 and 4044.