§ 4071j. Former spouses
(a)
Entitlement to share in benefits; conditions; remarriage; payments as income to former spouse; disability annuitants; election regarding method of payment; maximum amount payable
(1)
(A)
Unless otherwise expressly provided by any spousal agreement or court order governing disposition of benefits under this part, a former spouse of a participant or former participant is entitled, during the period described in subparagraph (B), to a share (determined under paragraph (2)) of all benefits otherwise payable to such participant under this part if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this subchapter with at least 5 of such years occurring while the participant was a member of the Foreign Service.
(2)
The share referred to in paragraph (1) equals—
(3)
A former spouse shall not be qualified for any benefit under this subsection if, before the commencement of any benefit, the former spouse remarries before becoming 55 years of age.
(4)
(A)
For purposes of title 26, payments to a former spouse under this section shall be treated as income to the former spouse and not to the participant.
(5)
Notwithstanding subsection (a)(1) of this section, in the case of any former spouse of a disability annuitant—
(6)
(A)
Except as provided in subparagraph (B), any former spouse who becomes entitled to receive any benefit under this part which would otherwise be payable to a participant or former participant shall be entitled to make any election regarding method of payment to such former spouse that such participant would have otherwise been entitled to elect, and the participant may elect an alternate method for the remaining share of such benefits. Such elections shall not increase the actuarial present value of benefits expected to be paid under this part.
(7)
The maximum amount payable to any former spouse pursuant to this subsection shall be the difference, if any, between 50 percent of the total benefits authorized to be paid to a former participant by this part, disregarding any apportionment of these benefits to others, and the aggregate amount payable to all others at any one time.
(b)
Entitlement to survivor benefits; determination of share; disqualification upon remarriage
(1)
Unless otherwise expressly provided for by any spousal agreement or court order governing survivorship benefits under this part to a former spouse married to a participant or former participant for the periods specified in subsection (a)(1)(A) of this section, such former spouse is entitled to a share, determined under subsection (b)(2) of this section, of all survivor benefits that would otherwise be payable under this part to an eligible surviving spouse of the participant.
(c)
Diminution of entitlement of former spouse prohibited
A participant or former participant may not make any election or modification of election under section
8417,
8418, or
8433 of title
5 or other section relating to the participant’s account in the Thrift Savings Plan or annuity under the basic plan that would diminish the entitlement of a former spouse to any benefit granted to the former spouse by this section or in a current spousal agreement.
(d)
Transfer of participant from Foreign Service Retirement and Disability System; determination of benefit share
If a member becomes a participant under this part after qualifying for benefits under part I of this subchapter and, at the time of transfer, has a former spouse entitled to benefits under part I of this subchapter which are determined under section
4054 or
4055 of this title (as determined by the Secretary of State) and are similar in amount to a pro rata share division under section
4054 or
4055 of this title and the service of the member as a participant under this part is not recognized in determining that pro rata share, then subsections (a) and (b) of this section shall not apply to such former spouse. Otherwise, subsections (a) and (b) of this section shall apply.
(e)
Death of participant entitled to deferred annuity; spousal agreement; payment of survivor annuity
If a participant dies after completing at least 18 months of service or a former participant dies entitled to a deferred annuity, but before becoming eligible to receive the annuity, and such participant or former participant has left with the Secretary of State a spousal agreement promising a share of a survivor annuity under subchapter IV, chapter 84, title
5, to a former spouse, such survivor annuity shall be paid under the terms of this part as if the survivor annuity had been ordered by a court.