§4069a–1 Retirement Benefits for Certain Former Spouses

Summary

People who were a former spouse of a participant on February 14, 1981 may get retirement payments if money is available and they are not disqualified. If a former spouse was married to the participant for the entire time the participant earned creditable service, they can get 50 percent of the participant’s benefit. If they were not married for that whole time, they get a pro rata share of that 50 percent. A former spouse cannot get payments if they remarry before age 55 or if they were not married to the participant for at least 10 years during the participant’s creditable service, with at least 5 of those years while the participant was a Foreign Service member. Payments start on the later of when the participant becomes entitled to benefits or when the divorce or annulment is final. Payments stop on the earlier of the last day of the month before the former spouse dies or remarries under age 55, or when the participant’s benefits end. For a former spouse of a disability annuitant, payments begin when the participant would qualify for non-disability benefits or when the disability annuity starts, whichever is later, and the amount is based on the benefit the participant would have qualified for. A written application with required documents must be filed within 30 months after the law’s effective date, but that deadline can be waived. If approved, payments can cover earlier periods after the law’s effective date but not before. “Benefits” here means the participant’s annuity or the comparable part II benefits. These rules do not reduce the participant’s own annuity or right to it.