Title 22, Foreign Relations and IntercourseRelease 119-110

§4159 Survivor Benefits for Certain Former Spouses

Title 22 › CHAPTER 52 — FOREIGN SERVICE › SUBCHAPTER XII — TRANSITION › § 4159

Last updated Sep 22, 2026|Official source

Summary

Allows a Foreign Service Retirement and Disability System participant or former participant who had an ex-spouse on February 15, 1981 to choose a smaller retirement payment so that the ex-spouse gets a survivor annuity. If the person had not retired by February 15, 1981, they can make this choice any time before retirement. If they had already retired by that date, the Secretary of State sets how long after February 15, 1981 they have to choose. The survivor benefit can come from all or part of any portion of the annuity not already promised to a current or other former spouse. The size of the reduction follows the system’s rules. If chosen before retirement, the cut starts when the annuity begins; if chosen after retirement, it is effective February 15, 1981. former spouse — an ex-spouse. participant — someone in the Foreign Service Retirement and Disability System. spousal agreement — an agreement between spouses about survivor benefits.

Full Legal Text

Title 22, §4159

Foreign Relations and Intercourse, Source: USLM XML via OLRC

(a)Eligible participants; election of benefits

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)Time of election

(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)Portion of annuity as basis for benefits

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)Amount of reduction; effective date

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)

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

(e)Definitions

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

Sep 22, 2026

Release point: 119-110