22 USC 4159 - Survivor benefits for certain former spouses

U.S Code last checked for updates: Apr 29, 2024

§ 4159.

Survivor benefits for certain former spouses

(a)

Eligible participants; election of benefits

(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

(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)

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)

Definitions

(Pub. L. 96–465, title II, § 2109, Oct. 17, 1980, 94 Stat. 2152.)

cite as: 22 USC 4159