PRIA, Government Policy, Made Personal

Summary

Lets a person who was in the retirement system on November 15, 1982—and who had a former spouse then—choose to take a smaller pension so that the former spouse can get survivor payments under section 2032(b). The choice is made by a spousal agreement. If the person was not retired by November 15, 1982, they can make the choice anytime before they retire. If they were already retired on or before that date, they must make the choice within the time after November 15, 1982 that the Director sets. The choice is treated like a spousal agreement under section 2094(b). The survivor benefit can cover all or part of the annuity portion not already used to provide a survivor benefit for a current or other former spouse. The reduction amount is figured under section 2031(b)(2). If the choice is made before retirement, the reduction starts when the pension begins; if made by someone already retired, the reduction is effective November 15, 1982.

Title 50, §2033

War and National Defense, Source: USLM XML via OLRC

(a)Former spouses as of November 15, 1982

A participant, former participant, or retired participant in the system who on November 15, 1982, had 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 2032(b) of this title.

(b)Time for making election

(1)If the participant or former participant has not retired under such system on or before November 15, 1982, 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 November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.

(3)For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.

(c)Base for annuity

An election under this section may provide for a survivor annuity 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 a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participant’s spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.

(d)Reduction in participant’s annuity

(1)Computation

The amount of the reduction in the participant’s annuity shall be determined in accordance with section 2031(b)(2) of this title.

(2)Effective date of reduction

Such reduction shall be effective as of— (A)

(B)November 15, 1982, in the case of an election under subsection (b)(2).

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on first day of fourth month beginning after Oct. 24, 1992, see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.

§2033 Election of Survivor Benefits for Certain Former Spouses Divorced as of November 15, 1982