Page:United States Statutes at Large Volume 101 Part 3.djvu/472

 101 STAT. 1770

PUBLIC LAW 100-238—JAN. 8, 1988

such terms in subchapter I of chapter 8 of the Foreign Service Act of 1980. SEC. 204. BENEFITS FOR CERTAIN FORMER SPOUSES OF MEMBERS OF THE FOREIGN SERVICE. (a) IN GENERAL.—Subchapter I of chapter 8 (22 U.S.C. 3901 et seq.), as amended by section 202 of this title, is amended by inserting after section 830 the following: 22 USC 4069a-l.

"SEC. 831. RETIREMENT BENEFITS FOR CERTAIN FORMER SPOUSES.

"(a) Any individual who was a former spouse of a participant or former participant on February 14, 1981, shall be entitled, to the extent of available appropriations, and except to the extent such former spouse is disqualified under subsection (b), to benefits— "(1) if married to the participant throughout the creditable service of the participant, equal to 50 percent of the benefits 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 benefits. "(b) A former spouse shall not be entitled to benefits under this section if— "(1) the former spouse remarries before age 55; or "(2) the former spouse was not married to the participant at least 10 years during service of the participant which is creditable under this chapter with at least 5 years occurring while the participant was a member of the Foreign Service. "(c)(1) The entitlement of a former spouse to benefits under this section— "(A) shall commence on the later of— "(i) the day the participant upon whose service the benefits are based becomes entitled to benefits under this chapter; or "(ii) the first day of the month in which the divorce or annulment involved becomes final; 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; or "(ii) the date of the benefits of the participant terminates. "(2) Notwithstanding paragraph (1), in the case of any former spouse of a disability annuitant— "(A) the benefits of the former spouse shall commence on the date the participant would qualify on the basis of his or her creditable service for benefits under this chapter (other than a disability annuity) or the date the disability annuity begins, whichever is later, and "(B) the amount of benefits of the former spouse shall be calculated on the basis of benefits for which the participant would otherwise so qualify. "(3) Benefits under this section shall be treated the same as an annuity under section 814(a)(7) for purposes of section 806(h) or any comparable provision of law. "(4)(A) Benefits under this section shall not be payable unless appropriate written application is provided to the Secretary, complete with any supporting documentation which the Secretary may by regulation require, within 30 months after the effective date of this section. The Secretary may waive the 30-month application

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