Page:United States Statutes at Large Volume 101 Part 3.djvu/473

 PUBLIC LAW 100-238—JAN. 8, 1988

101 STAT. 1771

requirement under this subparagraph in any case in which the Secretary determines that the circumstances so warrant. "(B) Upon approval of an appHcation provided under subparagraph (A), the appropriate benefits shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such benefits under this section, but in no event shall benefits be payable under this section with respect to any period before the effective date of this section. "(d) For the purpose of this section, the term 'benefits' means— "(1) with respect to a participant or former participant subject to this subchapter, the annuity of the participant or former participant; and "(2) with respect to a participant or former participant subject to subchapter II, the benefits of the participant or former participant under that subchapter. "(e) Nothing in this section shall be construed to impair, reduce, or otherwise affect the annuity or the entitlement to an annuity of a participant or former participant under this chapter. "SEC. 832. SURVIVOR 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 a survivor annuity equal to 55 percent of the greater of— "(1) the full amount of the participant's or former participant's annuity, as computed under this chapter; or "(2) the full amount of what such annuity as so computed would be if the participant or former participant had not withdrawn a lump-sum portion of contributions made with respect to such annuity. "(b) If an election has been made with respect to such former spouse under section 2109 or 806(f), then the survivor annuity under subsection (a) of such former spouse shall be equal to the full amount of the participant's or former participant's annuity referred to in subsection (a) less the amount of such election. "(c) A former spouse shall not be entitled to a survivor annuity 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. "(d)(1) The entitlement of a former spouse to a survivor annuity under this section— "(A) shall commence— "(i) in the case of a former spouse of a participant or former participant who is deceased as of the effective date of this section, beginning on such date; and "(ii) in the case of any other former spouse, beginning on the later of— "(I) the date that the participant or former participant to whom the former spouse was married dies; or "(II) the effective date of this section; and "(B) shall terminate on the last day of the month before the former spouse's death or remarriage before attaining the age 55.

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22 USC 4069b-l.

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