A prior section 222 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, § 606,
2019—Subsec. (b)(5)(B). Pub. L. 116–92 substituted “two years” for “one year”.
1993—Subsec. (a)(7). Pub. L. 103–178, § 202(a)(5)(A), substituted “any survivor annuity” for “any other annuity”.
Subsec. (c)(3)(C). Pub. L. 103–178, § 202(a)(5)(B), inserted “the participant” before “or does not qualify”.
Subsec. (c)(4). Pub. L. 103–178, § 202(a)(5)(C), substituted “before the spouse’s or the former spouse’s death” for “before the former spouse’s death”.
Amendment by Pub. L. 103–178 effective
Section effective on first day of fourth month beginning after
Pub. L. 103–178, title II, § 203, “(a) “(1) “(A) Any person who was divorced on or before “(i) the unreduced amount of the participant’s annuity, as computed under section 221(a) of such Act [50 U.S.C. 2031(a)]; or“(ii) the unreduced amount of what such annuity as so computed would be if the participant had not elected payment of the lump-sum credit under section 294 of such Act [50 U.S.C. 2143].“(B) A survivor annuity payable under this subsection shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 226 of such Act [50 U.S.C. 2036].“(2) A former wife or husband is not entitled to a survivor annuity under this subsection if—“(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce;“(B) the former wife or husband is less than 50 years of age; or“(C) the former wife or husband meets the definition of ‘former spouse’ that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before “(3) “(A) The entitlement of a former wife or husband to a survivor annuity under this subsection shall commence—“(i) in the case of a former wife or husband of a participant or retired participant who is deceased as of “(I) the 60th day after such date; or “(II) the date on which the former wife or husband reaches age 50; and“(ii) in the case of any other former wife or husband, beginning on the latest of— “(I) the date on which the participant or retired participant to whom the former wife or husband was married dies; “(II) the 60th day after “(III) the date on which the former wife or husband attains age 50.“(B) The entitlement of a former wife or husband to a survivor annuity under this subsection terminates on the last day of the month before the former wife’s or husband’s death or remarriage before attaining age 55. The entitlement of a former wife or husband to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.“(4) A former wife or husband of a participant or retired participant shall not become entitled under this subsection to a survivor annuity or to the restoration of the survivor annuity unless the former wife or husband elects to receive it instead of any other survivor annuity to which the former wife or husband may be entitled under the Central Intelligence Agency Retirement and Disability System or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.“(5) Application—“(A) A survivor annuity under this subsection shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require. Any such application shall be submitted not later than “(B) Upon approval of an application provided under subparagraph (A), the appropriate survivor annuity shall be payable to the former wife or husband with respect to all periods before such approval during which the former wife or husband was entitled to such annuity under this subsection, but in no event shall a survivor annuity be payable under this subsection with respect to any period before “(6) Notwithstanding paragraph (5)(A), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored after “(7) “(A) Except as provided in paragraph (2), this subsection shall apply to a former wife or husband of a participant under the Central Intelligence Agency Retirement and Disability System who has elected to become subject to chapter 84 of title 5, United States Code.“(B) The survivor annuity of a person covered by subparagraph (A) shall be equal to 50 percent of the unreduced amount of the participant’s annuity computed in accordance with section 302(a) of the Federal Employees’ Retirement System Act of 1986 [Pub. L. 99–335, 5 U.S.C. 8331 note] and shall be reduced by an amount equal to any survivor annuity payments made to the former wife or husband under section 8445 of title 5, United States Code.“(b) “(1) “(A) A person described in subsection (a)(1)(A) shall be entitled, except to the extent such former spouse is disqualified under paragraph (2), to an annuity—“(i) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or“(ii) if not married to the participant throughout such creditable service, equal to that former wife’s or husband’s pro rata share of 50 percent of such annuity (determined in accordance with section 222(a)(1)(B) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2032 (a)(1)(B)).“(B) “(i) An annuity payable under this subsection shall be reduced by an amount equal to any apportionment payments payable to the former wife or husband pursuant to the terms of a court order incident to the dissolution of the marriage of such former spouse and the participant, former participant, or retired participant.“(ii) For purposes of clause (i): “(I) The term ‘apportionment’ means a portion of a retired participant’s annuity payable to a former wife or husband either by the retired participant or the Government in accordance with the terms of a court order. “(II) The term ‘court order’ means any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.“(2) A former wife or husband is not entitled to an annuity under this subsection if—“(A) the former wife or husband remarries before age 55, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce;“(B) the former wife or husband is less than 50 years of age; or“(C) the former wife or husband meets the definition of ‘former spouse’ that was in effect under section 204(b)(4) of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees before “(3) “(A) The entitlement of a former wife or husband to an annuity under this subsection—“(i) shall commence on the later of— “(I) “(II) the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under such Act [probably means Central Intelligence Agency Retirement Act, 50 U.S.C. 2001 et seq.]; or “(III) such former wife’s or husband’s 50th birthday; and“(ii) shall terminate on the earlier of— “(I) the last day of the month before the former wife or husband dies or remarries before 55 years of age, except that the entitlement of the former wife or husband to an annuity under this subsection shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or “(II) the date on which the annuity of the participant terminates.“(B) Notwithstanding subparagraph (A)(i)(II), in the case of a former wife or husband of a disability annuitant—“(i) the annuity of the former wife or husband shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under the Central Intelligence Agency Retirement Act [50 U.S.C. 2001 et seq.] (other than a disability annuity) or the date the disability annuity begins, whichever is later; and“(ii) the amount of the annuity of the former wife or husband shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.“(C)