§4069b–1 Survivor Benefits for Certain Former Spouses

Summary

Provides certain former spouses who were divorced from a participant or former participant on February 14, 1981 a survivor annuity equal to 55% of the larger of two amounts: the participant’s full annuity as normally computed, or what that annuity would be if the participant had not taken a lump-sum withdrawal — as long as money is available and the former spouse is not disqualified. If the former spouse made an election under section 4159 or 4046(f), the annuity is reduced by the elected amount. A former spouse loses the annuity if they remarry before age 55 or if they were not married to the participant for at least 10 years of credited service with at least 5 of those years while the participant was in the Foreign Service. Payments start either on the effective date for cases where the participant was already dead, or otherwise on the later of the participant’s death or the effective date, and stop the month before the former spouse dies or remarries before 55. The former spouse must apply in writing with required documents within 30 months after the effective date (the Secretary may waive this). Approved awards pay retroactively only for periods after the effective date. The Secretary must issue rules within 60 days and try to notify eligible former spouses. Nothing here reduces a participant’s own annuity or right to it.