50 USC 2035 - Retirement annuity for certain former spouses

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

§ 2035.

Retirement annuity for certain former spouses

(a)

Retirement annuity

An individual who was a former spouse of a participant, former participant, or retired participant on November 15, 1982, and any former spouse divorced after November 15, 1982, from a participant or former participant who retired before November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity—

(1)

if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or

(2)

if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.

(b)

Limitations

A former spouse is not entitled to an annuity under this section if—

(1)

the former spouse remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or

(2)

the former spouse is less than 50 years of age.

(c)

Commencement and termination

(1)

Retirement annuities

The entitlement of a former spouse to an annuity under this section—

(A)

shall commence on the later of—

(i)

the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;

(ii)

the first day of the month in which the divorce or annulment involved becomes final; or

(iii)

such former spouse’s 50th birthday; and

(B)

shall terminate on the earlier of—

(i)

the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section 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.

(2)

Disability annuities

Notwithstanding paragraph (1)(A)(i), in the case of a former spouse of a disability annuitant—

(A)

the annuity of the former spouse shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and

(B)

the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.

(3)

Election of benefits

(4)

Application

(A)

Time limit; waiver

(B)

Retroactive benefits

(d)

Restoration of annuities

(e)

Savings provision

(Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218; amended Pub. L. 103–178, title II, § 202(a)(7), Dec. 3, 1993, 107 Stat. 2026.)

cite as: 50 USC 2035