§2034 Survivor Annuity for Certain Other Former Spouses

Summary

If you were a former spouse of a participant or retired participant on November 15, 1982, you can get a survivor annuity equal to 55% of the larger of two full annuity amounts: the regular full annuity the participant would receive, or what that full annuity would be if the participant had not taken a lump‑sum credit. Any survivor payments you already received under section 2033 will be taken off this amount. You are not eligible if you remarried before age 55 (but the right comes back if that remarriage ends by death, annulment, or divorce) or if you are under age 50. The annuity starts either on the later of the 60th day after October 1, 1986, or the date you turn 50 if the participant was already deceased on October 1, 1986. For other former spouses it starts on the latest of the participant’s death, the 60th day after October 1, 1986, or the date you turn 50. Payments stop the day before the month you die or the month before you remarry before age 55; they restart if that remarriage ends. To get the annuity you must send a written application with required documents to the Director by April 1, 1989, unless the Director waives the deadline. Approved claims can be paid for past periods you were entitled to, but not for any time before October 1, 1986. The April 1, 1989 deadline does not apply if your right is restored after a remarriage ends.