§ 4069a-1. Retirement benefits for certain former spouses
(a)
Eligibility; percentage of benefits
Any individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b) of this section, to benefits—
(c)
Period of entitlement; construction with other provisions; application approval and payment
(1)
The entitlement of a former spouse to benefits under this section—
(2)
Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant—
(3)
Benefits under this section shall be treated the same as an annuity under section
4054
(a)(7) of this title for purposes of section
4046
(h) of this title or any comparable provision of law.
(4)
(A)
Benefits under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant.
(B)
Upon approval of an application provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section.
(d)
“Benefits” defined
For the purpose of this section, the term “benefits” means—
(e)
Effect of section on annuity
Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this subchapter.