Title 22 — Foreign Relations and IntercourseRelease 119-73not60

§4159 Survivor Benefits for Certain Former Spouses

Title 22 › Chapter 52— FOREIGN SERVICE › Subchapter XII— TRANSITION › § 4159

Last updated Apr 5, 2026|Official source

Summary

People in the Foreign Service Retirement and Disability System who had a former spouse on February 15, 1981, can agree to take a smaller pension so that the former spouse gets a survivor annuity. If they had not retired by February 15, 1981, they can make this choice anytime before retirement. If they had already retired by that date, they can make the choice within a time period the Secretary of State sets. For applying other rules, this choice counts the same as a normal spousal agreement. A participant and their spouse can also make a related pre-retirement choice to allow this election. The smaller pension amount is set by the rules in section 4046(b)(2). The reduction starts either on the pension’s first payment date (if chosen before retirement) or on February 15, 1981 (if chosen after retirement). The election can cover all or part of any annuity not already promised to a current or other former spouse. Definitions: “former spouse” — a former spouse; “participant” — a person in the system; “spousal agreement” — an agreement with a (former) spouse.

Full Legal Text

Title 22, §4159

Foreign Relations and Intercourse — Source: USLM XML via OLRC

(a)Any participant or former participant in the Foreign Service Retirement and Disability System who on February 15, 1981, has a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 4054(b) of this title.

(b)(1)If the participant or former participant has not retired under such system on or before February 15, 1981, an election under this section may be made at any time before retirement.

(2)If the participant or former participant has retired under such system on or before February 15, 1981, an election under this section may be made within such period after February 15, 1981, as the Secretary of State may prescribe.

(3)For purposes of applying subchapter VIII of this chapter, any such election shall be treated the same as if it were a spousal agreement under section 4060(b)(1) of this title.

(c)An election under this section may provide for a survivor benefit based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under section 4046(b)(1)(B) of this title prior to the time of retirement for the purpose of allowing an election to be made under this section.

(d)The amount of the reduction in the participant’s annuity shall be determined in accordance with section 4046(b)(2) of this title. Such reduction shall be effective as of—

(1)the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1), or

(2)February 15, 1981, in the case of an election under subsection (b)(2).

(e)For purposes of this section, the terms “former spouse”, “participant”, and “spousal agreement” have the meanings given such terms in section 4043 and 4044 of this title.

Reference

Citations & Metadata

Citation

22 U.S.C. § 4159

Title 22 — Foreign Relations and Intercourse

Last Updated

Apr 5, 2026

Release point: 119-73not60