22 USC 4069-1 - Qualified former wives and husbands

U.S Code last checked for updates: Nov 22, 2024

§ 4069–1.

Qualified former wives and husbands

(a)

Construction with provisions relating to compatibility between retirement systems; effective dates

(b)

Payments to other persons as provided in court order or spousal agreement

(1)

Payments pursuant to this section which would otherwise be made to a participant or former participant based upon his service shall be paid (in whole or in part) by the Secretary of State to another person if and to the extent expressly provided for in the terms of any court order or spousal agreement. Any payment under this paragraph to a person bars recovery by any other person.

(2)

Paragraph (1) shall only apply to payments made by the Secretary of State under this subchapter after the date of receipt by the Secretary of State of written notice of such court order or spousal agreement and such additional information and documentation as the Secretary of State may prescribe.

(c)

“Qualified former wife or husband” defined

For the purposes of this section, the term “qualified former wife or husband” means a former wife or husband of an individual if—

(1)

such individual performed at least 18 months of civilian service creditable under this subchapter; and

(2)

the former wife or husband was married to such individual for at least 9 months but not more than 10 years.

(d)

Promulgation of regulations

(Pub. L. 96–465, title I, § 830, as added Pub. L. 100–238, title II, § 202(a), Jan. 8, 1988, 101 Stat. 1768.)

cite as: 22 USC 4069-1