§2033 — Title 50 War and National Defense | U.S. Code

Summary

People who were participants, former participants, or retirees in the system and who had a former spouse on November 15, 1982, can choose to take a smaller annuity so that their former spouse gets a survivor annuity under the rules for spousal agreements. If they had not yet retired by November 15, 1982, they may make that choice any time before they retire. If they had already retired by that date, they may make the choice within whatever time period the Director sets after November 15, 1982. The choice is treated the same as a spousal agreement under the law. The choice can cover all or part of any portion of the annuity that is not already promised to a spouse or another former spouse. The amount of the annuity reduction is set under the law at section 2031(b)(2). The reduction takes effect when the annuity starts if the choice is made before retirement, or on November 15, 1982, if the person was already retired then.

Title 50, §2033

War and National Defense — Source: USLM XML via OLRC

(a)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)(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)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)(1)The amount of the reduction in the participant’s annuity shall be determined in accordance with section 2031(b)(2) of this title.

(2)Such reduction shall be effective as of—

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

(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