§4069b–1 Survivor Benefits for Certain Former Spouses

Summary

People who were a former spouse of a participant or former participant on February 14, 1981 may get a survivor annuity. The annuity equals 55 percent of the larger of two amounts: the full annuity the participant actually has, or the full annuity the participant would have had if they had not taken a lump-sum withdrawal. If an election was made under section 4159 or 4046(f), 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 of creditable service with at least 5 of those years while the participant was in the Foreign Service. The annuity starts either on the effective date for former spouses of participants already dead on that date, or for others on the later of the participant’s death or the effective date. Payments stop the month before the former spouse dies or remarries before age 55. A written application with any required papers must be filed with the Secretary within 30 months after the effective date (the Secretary can waive this). If approved, payments cover past eligible periods after the effective date but not before it. The Secretary must issue rules within 60 days and try to notify those former spouses about their rights. Nothing here reduces a participant’s own annuity.