§ 4159. — Survivor benefits for certain former spouses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC4159]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER XII--TRANSITION
Sec. 4159. Survivor benefits for certain former spouses
(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) the commencing date of the participant's annuity, in the
case of an election under subsection (b)(1) of this section, or
(2) February 15, 1981, in the case of an election under
subsection (b)(2) of this section.
(e) Definitions
For purposes of this section, the terms ``former spouse'',
``participant'', and ``spousal agreement'' have the meanings given such
terms in sections 4043 and 4044 of this title.
(Pub. L. 96-465, title II, Sec. 2109, Oct. 17, 1980, 94 Stat. 2152.)
Section Referred to in Other Sections
This section is referred to in sections 4069b, 4069b-1 of this
title.
