§4069a Retirement Benefits for Certain Former Spouses

Summary

Former spouses of people who were in the Foreign Service on February 14, 1981, can get retirement-style payments if Congress puts money aside for them. If the ex-spouse was married to the participant for the whole period of service that counts for retirement, they can get 50% of the participant’s benefit. If they were married for only part of that time, they get a pro rata share of that 50%. They cannot get payments if they remarry before age 55, or if they were not married at least 10 years during the participant’s creditable service with at least 5 of those years while the participant was in the Foreign Service. Payments start on the later of when the participant becomes entitled to benefits or the month the divorce is final, and stop when the ex-spouse dies, remarries before 55, or the participant’s benefits end. Special rules apply if the participant has a disability annuity. To get payments, a written application with documents had to be filed within 30 months after December 22, 1987, though that deadline can be waived; payments can be made back to December 22, 1987. “Benefits” means the participant’s annuity under the relevant parts of the retirement system. This does not reduce the participant’s own annuity. Special rules also cover certain former employees of the U.S. Information Agency or AID who retired under the Civil Service system, if the marriage included at least 5 years overseas.