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Title 22, Foreign Relations and IntercourseRelease 119-110

§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 Sep 22, 2026|Official source

Summary

Make certain federal retirement rules apply to a former spouse who meets the rules, even if the 1984 Civil Service Retirement Spouse Equity Act seemed to stop that. Any place the 1984 Act refers to its start date must be read as referring to the start date of this rule. If a court order or a spousal agreement says part or all of a payment should go to someone else, the Secretary of State must pay that person instead. Once paid under such an order, no one else can get that money back. The Secretary of State will act only after getting written notice and any papers they ask for. A "qualified former wife or husband" is a former spouse of someone who had at least 18 months of covered civilian service and who was married to that person at least 9 months but not more than 10 years. Any rules written to carry this out must be sent to the House and Senate committees named and cannot take effect until 60 days after they are sent.

Full Legal Text

Title 22, §4069–1

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Construction with provisions relating to compatibility between retirement systems; effective dates
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)Payments to other persons as provided in court order or spousal agreement
(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)“Qualified former wife or husband” defined
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)Promulgation of regulations
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

Sep 22, 2026

Release point: 119-110