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Title 22, Foreign Relations and IntercourseRelease 119-73not60

§4069–1 Qualified Former Wives and Husbands

Title 22 › Chapter 52— FOREIGN SERVICE › Subchapter VIII— FOREIGN SERVICE RETIREMENT AND DISABILITY › Part I— Foreign Service Retirement and Disability System › § 4069–1

Last updated Apr 5, 2026|Official source

Summary

The State Department must pay service-based benefits to a former spouse when a court order or a written spousal agreement clearly says the former spouse gets part or all of those payments. The Department will only follow such an order after it gets written notice and any documents it asks for. Once the Department pays the person named in the order or agreement, no one else can claim that money. A "qualified former wife or husband" is a former spouse who was married to the employee for at least 9 months but not more than 10 years, and whose ex worked at least 18 months of civilian service that counts under this law. Certain parts of existing federal retirement rules (including specified sections of title 5 and section 4 of the Civil Service Retirement Spouse Equity Act of 1984, except subsection (b)) apply to these former spouses. Any rules the Department issues to carry out this law must be sent to the House Committees on Post Office and Civil Service and on Foreign Affairs, and to the Senate Committees on Governmental Affairs and on Foreign Relations, and they cannot take effect until 60 days after Congress receives them.

Full Legal Text

Title 22, §4069–1

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Notwithstanding section 4(h) of the Civil Service Retirement Spouse Equity Act of 1984, section 4067 of this title shall apply with respect to section 8339(j), section 8341(e), and section 8341(h) of title 5, and section 4 (except for subsection (b)) of the Civil Service Retirement Spouse Equity Act of 1984 to the extent that those sections apply to a qualified former wife or husband. For the purposes of this section any reference in the Civil Service Retirement Spouse Equity Act of 1984 to the effective date of that Act shall be deemed to be a reference to the effective date of this section.
(b)(1)Payments pursuant to this section which would otherwise be made to a participant or former participant based upon his service shall be paid (in whole or in part) by the Secretary of State to another person if and to the extent expressly provided for in the terms of any court order or spousal agreement. Any payment under this paragraph to a person bars recovery by any other person.
(2)Paragraph (1) shall only apply to payments made by the Secretary of State under this subchapter after the date of receipt by the Secretary of State of written notice of such court order or spousal agreement and such additional information and documentation as the Secretary of State may prescribe.
(c)For the purposes of this section, the term “qualified former wife or husband” means a former wife or husband of an individual if—
(1)such individual performed at least 18 months of civilian service creditable under this subchapter; and
(2)the former wife or husband was married to such individual for at least 9 months but not more than 10 years.
(d)Regulations issued pursuant to section 4067 of this title to implement this section shall be submitted to the Committee on Post Office and Civil Service and the Committee on Foreign Affairs of the House of Representatives and the Committee on Governmental Affairs and the Committee on Foreign Relations of the Senate. Such regulations shall not take effect until 60 days after the date on which such regulations are submitted to the Congress.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Civil Service Retirement Spouse Equity Act of 1984, referred to in subsec. (a), is Pub. L. 98–615, Nov. 8, 1984, 98 Stat. 3195. section 4 of that Act is set out as a note under section 8341 of Title 5, Government Organization and Employees. For complete classification of this Act to the Code, see

Short Title

of 1984 Amendment note set out under section 8331 of Title 5 and Tables. For

Effective Date

of this section, referred to in subsec. (a), see

Effective Date

note set out below. Codification Another section 830 of the Foreign Service Act of 1980 was enacted by Pub. L. 100–204 and is classified to section 4069a of this title.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9. 2004.

Effective Date

Section applicable to any individual who, on or after Jan. 8, 1988, is married to a participant or former participant, see section 261(b)(1) of Pub. L. 100–238, set out as an

Effective Date

of 1988 Amendment note under section 4054 of this title. Abolition of House Committee on Post Office and Civil Service Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight of House of Representatives, see section 1(b) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999. Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4069–1

Title 22, Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60