§2002 — Title 50 War and National Defense | U.S. Code

Summary

Defines key words used in subchapter II about Agency employees’ retirement and survivor benefits. Former participant: someone who joined the retirement system while working for the Agency and later left without getting an immediate annuity. Retired participant: someone who joined the system while working for the Agency and now receives an annuity for that service. Surviving spouse: the wife or husband married to the participant or retiree for at least 9 months before the person’s death, or who is the parent of a child from that marriage; if death occurs within 9 months of the marriage, the 9-month rule still counts if the death was accidental or if the surviving spouse had been married to the participant before and the total married time is at least 9 months. Former spouse: a former wife or husband married at least 10 years during the participant’s creditable service; for divorces final on or before December 4, 1991, at least 5 of those years must have been spent outside the United States by both spouses during the participant’s service, and for divorces final after December 4, 1991, at least 5 of those years must have been spent by the participant either outside the United States or in a job that qualified the participant under section 2013. Creditable service means the service periods counted under sections 2081, 2082, and 2083. Previous spouse: someone married at least 9 months to a participant (or former/retired participant) who had at least 18 months of creditable service. Spousal agreement: a written, signed, notarized agreement between the participant and spouse or former spouse that has not been changed by a court order and is authenticated by the Director. Court order: a divorce, annulment, or legal separation decree, or a court order or court-approved property settlement tied to such a decree. Court: a State court, the District of Columbia, Puerto Rico, Guam, the Northern Mariana Islands, the Virgin Islands, or any Indian court. For sections 2031 and 2052, child means an unmarried dependent who is either (1) under 18 (this includes adopted children, certain stepchildren who lived in a parent‑child relationship, recognized natural children, and a child for whom adoption papers were filed and who is later adopted by the surviving spouse), (2) any age if dependent and unable to support themselves because of a disability that began before age 18, or (3) age 18–22 if a full‑time student living at the school. A child who turns 22 before July 1 or after August 31 while still studying is treated as turning 22 on the next July 1. Short school breaks of up to 5 months do not end student status if the child shows the Director a genuine plan to continue school. Dependent means the participant was living with or supporting the child at the participant’s death under rules in this subchapter. For section 2071(c), child includes adopted and natural children but not stepchildren.

Title 50, §2002

War and National Defense — Source: USLM XML via OLRC

(a)When used in subchapter II:

(1)The term “former participant” means a person who—

(A)while an employee of the Agency was a participant in the system; and

(B)separates from the Agency without entitlement to immediate receipt of an annuity from the fund.

(2)The term “retired participant” means a person who—

(A)while an employee of the Agency was a participant in the system; and

(B)is entitled to receive an annuity from the fund based upon such person’s service as a participant.

(3)(A)The term “surviving spouse” means the surviving wife or husband of a participant or retired participant who (i) was married to the participant or retired participant for at least 9 months immediately preceding the participant’s or retired participant’s death, or (ii) who is the parent of a child born of the marriage.

(B)In a case in which the participant or retired participant dies within the 9-month period beginning on the date of the marriage, the requirement under subparagraph (A)(i) that a marriage have a duration of at least 9 months immediately preceding the death of the participant or retired participant shall be treated as having been met if—

(i)the death of the participant or retired participant was accidental; or

(ii)the surviving wife or husband had been previously married to the participant or retired participant (and subsequently divorced) and the aggregate time married is at least 9 months.

(4)The term “former spouse” means a former wife or husband of a participant, former participant, or retired participant as follows:

(A)In the case of a divorce that became final on or before December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent outside the United States by both such participant and former wife or husband during the participant’s service as an employee of the Agency.

(B)In the case of a divorce that becomes final after December 4, 1991, such term means a former wife or husband of a participant, former participant, or retired participant who was married to such participant for not less than 10 years during periods of the participant’s creditable service, at least 5 years of which were spent by the participant during the participant’s service as an employee of the Agency (i) outside the United States, or (ii) otherwise in a position the duties of which qualified the participant for designation by the Director as a participant under section 2013 of this title.

(C)For purposes of subparagraphs (A) and (B), the term “creditable service” means all periods of a participant’s service that are creditable under section 2081, 2082, and 2083 of this title.

(5)The term “previous spouse” means an individual who was married for at least 9 months to a participant, former participant, or retired participant who had at least 18 months of service which are creditable under section 2081, 2082, and 2083 of this title.

(6)The term “spousal agreement” means an agreement between a participant, former participant, or retired participant and the participant, former participant, or retired participant’s spouse or former spouse that—

(A)is in writing, is signed by the parties, and is notarized;

(B)has not been modified by court order; and

(C)has been authenticated by the Director.

(7)The term “court order” means—

(A)a court decree of divorce, annulment, or legal separation; or

(B)a court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation.

(8)The term “court” means a court of a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.

(b)For purposes of section 2031 and 2052 of this title:

(1)The term “child” means any of the following:

(A)An unmarried dependent child under 18 years of age, including—

(i)an adopted child;

(ii)a stepchild, but only if the stepchild lived with the participant or retired participant in a regular parent-child relationship;

(iii)a recognized natural child; and

(iv)a child who lived with the participant, for whom a petition of adoption was filed by the participant or retired participant, and who is adopted by the surviving spouse after the death of the participant or retired participant.

(B)An unmarried dependent child, regardless of age, who is incapable of self-support because of a physical or mental disability incurred before age 18.

(C)An unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.

(2)(A)For purposes of this subsection, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, shall be treated as having attained the age of 22 on the first day of July following that birthday.

(B)A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim does not exceed 5 months and if the child shows to the satisfaction of the Director that the child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately following the interim.

(3)For purposes of this subsection, the term “dependent”, with respect to the child of a participant or retired participant, means that the participant or retired participant was, at the time of the death of the participant or retired participant, either living with or contributing to the support of the child, as determined in accordance with regulations prescribed under subchapter II.

(4)For purposes of section 2071(c) of this title, the term “child” includes an adopted child and a natural child, but does not include a stepchild.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 111 of Pub. L. 88–643, title I, Oct. 13, 1964, 78 Stat. 1043; Pub. L. 94–522, title I, § 101, Oct. 17, 1976, 90 Stat. 2467, provided definitions for Pub. L. 88–643 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.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2002 Definitions relating to participants and annuitants