§2033 — Title 50 War and National Defense | U.S. Code

Summary

You can choose to take a smaller retirement payment so a former spouse you had on November 15, 1982 can get a survivor annuity. If you were not retired by November 15, 1982, you can make this choice any time before you retire. If you already were retired by that date, you must make the choice within the time the Director sets. The choice is treated the same as other spousal agreements under the system. The survivor annuity can cover all or part of the portion of your annuity not already set aside for a current or another former spouse. The size of the reduction follows the system’s existing rules. If you make the choice before retirement, the reduction starts when your annuity starts. If you were retired by November 15, 1982, the reduction is effective November 15, 1982.

Title 50, §2033

War and National Defense — Source: USLM XML via OLRC

(a)A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title.

(b)(1)If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.

(2)If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.

(3)For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.

(c)An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.

(d)(1)The amount of the reduction in the participant’s annuity shall be determined in accordance with section 2031(b)(2) of this title.

(2)Such reduction shall be effective as of—

(A)the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1); or

(B)November 15, 1982, in the case of an election under subsection (b)(2).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain 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.

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.

§2033 Election of survivor benefits for certain former spouses divorced as of November 15, 1982