§4069b Survivor Benefits for Certain Former Spouses

Summary

Former spouses who were married to a participant on February 14, 1981 may get a survivor annuity if Congress provides the money. The annuity is 55% of the larger of two amounts: the participant’s full annuity as normally calculated, or what that annuity would be if no lump-sum withdrawals had been taken. If the former spouse made a prior election under certain rules, the annuity is reduced by the amount of that election. A former spouse cannot get the annuity if they remarried before age 55 or if they were not married to the participant for at least 10 years during creditable service with at least 5 of those years while the participant was in the Foreign Service. A special rule lets some former spouses of United States Information Agency or AID employees qualify if the employee retired under Civil Service rules before the agency could join the Foreign Service system and the marriage included at least five years with overseas assignment. Payments start December 22, 1987 for former spouses of participants already dead then, or for others on the later of the participant’s death or December 22, 1987. Payments stop the month before the former spouse dies or before they remarry under age 55. To get the annuity, the former spouse had to apply in writing within 30 months after December 22, 1987 (the Secretary can waive this deadline). If approved, payments can cover earlier months when the person was eligible, but not before December 22, 1987. The Secretary must write rules within 60 days of December 22, 1987 and try to tell eligible former spouses about these rights. The participant’s own annuity is not reduced by this.