§4069a–1 Retirement Benefits for Certain Former Spouses

Summary

Former spouses of people who were participants on February 14, 1981 can get part of the participant’s retirement pay, if money is available and they are not disqualified. If the couple was married for all of the participant’s creditable service, the former spouse can get 50% of the participant’s benefits. If they were not married the whole time, the former spouse gets a pro rata share of that 50%. A former spouse cannot get these benefits if they remarried 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 when the former spouse dies, remarries before 55, or when the participant’s benefits end. For a former spouse of someone on disability, payments begin when the participant would qualify for non‑disability benefits or when the disability pay starts, whichever is later, and are figured using the non‑disability amount the participant would get. To get payments, a written application with any required documents must be filed with the Secretary within 30 months after the effective date, unless the Secretary waives the deadline; approved claims are paid for all eligible periods after the law took effect. “Benefits” here means the participant’s annuity under the applicable part of the retirement rules. These payments do not reduce the participant’s own annuity.