§2034 Survivor annuity for certain other former spouses

Summary

Gives a former spouse who was married to a participant or retired participant on November 15, 1982 a survivor annuity equal to 55 percent of the larger of two unreduced annuity amounts: the regular unreduced annuity as worked out under section 2031(a), or what that unreduced annuity would have been if the participant had not taken the lump‑sum credit under section 2143. That annuity must be reduced by any survivor payments already made under section 2033. A former spouse cannot get this annuity if they remarried before age 55 (but the right comes back if that remarriage ends by death, annulment, or divorce) or if they are under 50. Payments start no earlier than October 1, 1986 and begin when the former spouse is 50 (or, for some cases, after the participant’s death or the 60th day after October 1, 1986, whichever is later). To get payments, the former spouse must apply in writing to the Director with required documents by April 1, 1989 (the Director can waive this deadline). If approved, back pay covers all eligible periods after October 1, 1986. The April 1, 1989 deadline does not apply when entitlement is restored after a remarriage ends.