§ 2154. Special rules for former spouses
(b)
Definitions
For purposes of this section:
(2)
Qualified former spouse
The term “qualified former spouse” means a former spouse of an employee or retired employee who—
(A)
in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under section
8411 of title
5, at least 5 years of which were spent outside the United States by both the employee and the former spouse during the employee’s service with the Agency; and
(B)
in the case of a former spouse whose divorce from such employee becomes final after December 4, 1991, was married to such employee for not less than 10 years during periods of the employee’s service which are creditable under section
8411 of title
5, at least 5 years of which were spent by the employee outside the United States during the employee’s service with the Agency or otherwise in a position the duties of which qualified the employee for designation by the Director under the criteria prescribed in section
2013 of this title.
(3)
Pro rata share
The term “pro rata share” means the percentage that is equal to
(A)
the number of days of the marriage of the qualified former spouse to the employee during the employee’s periods of creditable service under chapter
84 of title
5, divided by
(c)
Entitlement of qualified former spouse to retirement benefits
(1)
Entitlement
(A)
In general
Unless otherwise expressly provided by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter
84 of title
5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to such employee under subchapter II or V of chapter
84 of title
5.
(3)
Disqualification upon remarriage before age 55
A qualified former spouse shall not be entitled to any benefit under this subsection if, before the commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
(4)
Commencement and termination
(A)
Commencement
The benefits of a qualified former spouse under this subsection commence on the later of—
(5)
Payments to retired employees
(A)
Calculation of survivor annuity
Any reduction in payments to a retired employee as a result of payments to a qualified former spouse under this subsection shall be disregarded in calculating—
(i)
the survivor annuity for any spouse, former spouse (qualified or otherwise), or other survivor under chapter
84 of title
5, and
(ii)
any reduction in the annuity of the retired employee to provide survivor benefits under subsection (d) of this section or under sections [2] 8442 or 8445 of title 5.
(B)
Reduction in basic pay upon recall to service
If a retired employee whose annuity is reduced under paragraph (1) is recalled to service under section
2152
(c) of this title, the basic pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts equal to the reductions under this subparagraph shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
(6)
Special rules for disability annuitants
Notwithstanding paragraphs (1) and (4), in the case of any qualified former spouse of a disability annuitant—
(7)
Pro rata share in case of employees transferred to FERS
Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter
84 of title
5, the share of such employee’s qualified former spouse shall equal the sum of—
(A)
50 percent of the employee’s annuity under subchapter
III of chapter
83 of title
5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section
2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
(B)
if applicable, 50 percent of the employee’s benefits under chapter
84 of title
5 or section
2152
(a) of this title (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section
2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
(d)
Qualified former spouse survivor benefits
(1)
Entitlement
(A)
In general
Subject to an election under section
8416
(a) of title
5, and unless otherwise expressly provided by any spousal agreement or court order governing survivor benefits payable under this subsection to a qualified former spouse, such former spouse is entitled to a share, determined under subparagraph (B), of all survivor benefits that would otherwise be payable under subchapter
IV of chapter
84 of title
5 to an eligible surviving spouse of the employee.
(2)
Survivor benefits
(A)
The survivor benefits payable under this subsection to a qualified former spouse shall include the amount payable under section
8442
(b)(1)(A) of title
5 and any supplementary annuity under section 8442(f) of such title that would be payable if such former spouse were a widow or widower entitled to an annuity under such section.
(B)
Any calculation under section
8442
(f) of title
5 of the supplementary annuity payable to a widow or widower of an employee referred to in section
2152
(a) of this title shall be based on an “assumed CIARDS annuity” rather than an “assumed CSRS annuity” as stated in section 8442(f) of such title. For the purpose of this subparagraph, the term “assumed CIARDS annuity” means the amount of the survivor annuity to which the widow or widower would be entitled under subchapter II of this chapter based on the service of the deceased annuitant determined under section 8442(f)(5) of such title.
(3)
Disqualification upon remarriage before age 55
A qualified former spouse shall not be entitled to any benefit under this subsection if, before commencement of any benefit, the qualified former spouse remarries before becoming 55 years of age.
(4)
Restoration
If the survivor annuity payable under this subsection to a surviving qualified former spouse is terminated because of remarriage before becoming age 55, the annuity shall be restored at the same rate commencing on the date such remarriage is dissolved by death, divorce, or annulment, if—
(5)
Modification of court order or spousal agreement
A modification in a court order or spousal agreement to adjust a qualified former spouse’s share of the survivor benefits shall not be effective if issued after the retirement or death of the employee, former employee, or annuitant, whichever occurs first.
(6)
Effect of termination of qualified former spouse’s entitlement
After a qualified former spouse of a retired employee remarries before becoming age 55 or dies, the reduction in the retired employee’s annuity for the purpose of providing a survivor annuity for such former spouse shall be terminated. The annuitant may elect, in a signed writing received by the Director within 2 years after the qualified former spouse’s remarriage or death, to continue the reduction in order to provide or increase the survivor annuity for such annuitant’s spouse. The annuitant making such election shall pay a deposit in accordance with the provisions of section
8418 of title
5.
(7)
Pro rata share in case of employees transferred to FERS
Notwithstanding paragraph (1)(B), in the case of an employee who has elected to become subject to chapter
84 of title
5, the share of such employee’s qualified former spouse to survivor benefits shall equal the sum of—
(A)
50 percent of the employee’s annuity under subchapter
III of chapter
83 of title
5 or under subchapter II of this chapter (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section
2157 of this title), multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service before the effective date of the election to transfer bears to the employee’s total creditable service before such effective date; and
(B)
if applicable—
(i)
50 percent of the employee’s annuity under chapter
84 of title
5 or section
2152
(a) of this title (computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or section
2157 of this title), plus
multiplied by the proportion that the number of days of marriage during the period of the employee’s creditable service on and after the effective date of the election to transfer bears to the employee’s total creditable service after such effective date.
(e)
Qualified former spouse Thrift Savings Plan benefit
(1)
Entitlement
(A)
In general
Unless otherwise expressly provided by a spousal agreement or court order governing disposition of the balance of an account in the Thrift Savings Fund under subchapter
III of chapter
84 of title
5, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of the balance in the employee’s account in the Thrift Savings Fund on the date the divorce of the qualified former spouse and employee becomes final.
(B)
Amount of share
The share referred to in subparagraph (A) equals 50 percent of the employee’s account balance in the Thrift Savings Fund that accrued during the period of marriage. For purposes of this subsection, the employee’s account balance shall not include the amount of any outstanding loan.
(2)
Payment of benefit
(A)
Time of payment
The entitlement of a qualified former spouse under paragraph (1) shall be effective on the date the divorce of the qualified former spouse and employee becomes final. The qualified former spouse’s benefit shall be payable after the date on which the Director receives the divorce decree or any applicable court order or spousal agreement, together with such additional information or documentation as the Director may require.
(B)
Method of payment
The qualified former spouse’s benefit under this subsection shall be paid in a lump sum.
(C)
Limitation
A spousal agreement or court order may not provide for payment to a qualified former spouse under this subsection of an amount that exceeds the employee’s account balance in the Thrift Savings Fund.
(3)
Closed account
No payment under this subsection may be made by the Director if the date on which the divorce becomes final is after the date on which the total amount of the employee’s account balance has been withdrawn or transferred, or the date on which an annuity contract has been purchased, in accordance with section
8433 of title
5.
(f)
Preservation of rights of qualified former spouses
An employee may not make an election or modification of election under section
8417 or
8418 of title
5, or other section relating to the employee’s annuity under subchapter
II of chapter
84 of title
5, that would diminish the entitlement of a qualified former spouse to any benefit granted to such former spouse by this section or by court order or spousal agreement.
(g)
Payment of share of lump-sum credit
Whenever an employee or former employee becomes entitled to receive the lump-sum credit under section
8424
(a) of title
5, a share (determined under subsection (c)(1)(B) of this section) of that lump-sum credit shall be paid to any qualified former spouse of such employee, unless otherwise expressly provided by any spousal agreement or court order governing disposition of the lump-sum credit involved.
(h)
Payment to qualified former spouses under court order or spousal agreement
In the case of any employee or retired employee who has a qualified former spouse who is covered by a court order or who is a party to a spousal agreement—
(1)
any right of the qualified former spouse to any retirement benefits under subsection (c) of this section and to any survivor benefits under subsection (d) of this section, and the amount of any such benefits;
(2)
any right of the qualified former spouse to any Thrift Savings Plan benefit under subsection (e) of this section, and the amount of any such benefit; and
(3)
any right of the qualified former spouse to any payment of a lump-sum credit under subsection (g) of this section, and the amount of any such payment;
shall be determined in accordance with that spousal agreement or court order, if and to the extent expressly provided for in the terms of the spousal agreement or court order that are not inconsistent with the requirements of this section.
(i)
Applicability of CIARDS former spouse benefits
(1)
Except as provided in paragraph (2), in the case of an employee who has elected to become subject to chapter
84 of title
5, the provisions of sections
2034 and
2035 of this title shall apply to such employee’s former spouse (as defined in section
2002
(a)(4) of this title) who would otherwise be eligible for benefits under sections
2034 and
2035 of this title but for the employee having elected to become subject to such chapter.
(2)
For the purposes of computing such former spouse’s benefits under sections
2034 and
2035 of this title—
(A)
the retirement benefits shall be equal to the amount determined under subsection (c)(7)(A) of this section; and
(B)
the survivor benefits shall be equal to 55 percent of the full amount of the employee’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 or regulations prescribed under section
2157 of this title.
[1] So in original. Probably should be title “5”.
[2] So in original. Probably should be “section”.