Page:United States Statutes at Large Volume 106 Part 4.djvu/509

 PUBLIC LAW 102-496—OCT. 24, 1992 106 STAT. 3245 "(2) QUALIFIED FORMER SPOUSE.— The term 'qualified former spouse' means a former spouse of an employee or retired employee who— "(A) in the case of a former spouse whose divorce from such employee became final on or before December 4, 1991, was mairied to such employee for not less than 10 years during periods of the employee's service which are creditable under section 8411 of title 5, United States Code, at least 5 years of which were spent outside the United States by both the employee and me former spouse during the employee's service with the Agency; and "(B) in the case of a former spouse whose divorce from such employee becomes final afl^r December 4, 1991, was married to such employee for not less than 10 years during periods of the employee's service which are creditable under section 8411 of title 5, United States Code, at least 5 years of which were spent by the employee outside the United States during the employee's service with the Agency or otherwise in a position the duties of which qualified the employee for designation by the Director under the criteria prescribed in section 203. "(3) PRO RATA SHARE.The term 'pro rata share' means the percentage that is equal to (A) the number of days of the marriage of the qualified former spouse to the employee during the employee's periods of creditable service under chapter 84 of title 5, United States Code, divided by (B) the total niunber of days of the employee's creditable service. "(4) SPOUSAL AGREEMENT.The term 'spousal agreement' means an agreement between an employee, former employee, or retired employee and such employee's spouse or qualified former spouse that— "(A) is in writing, is signed by the parties, and is notarized; "(B) has not been modified by court order; and "(C) has been authenticated by the Director. "(5) COURT ORDER.— The term 'court order' means any court decree of divorce, annulment or legal separation, or any court order or court-approved property settlement agreement incident to such court decree of divorce, annulment, or legal separation, "(c) ENTITLEMENT OF QUALIFIED FORMER SPOUSE TO RETIRE- MENT BENEFITS.— "(1) ENTITLEMENT.— "(A) IN GENERAL. — Unless otherwise expressly provided by a spousal agreement or court order governing disposition of benefits payable under subchapter II or V of chapter 84 of title 5, United States Code, a qualified former spouse of an employee is entitled to a share (determined under subparagraph (B)) of all benefits otherwise payable to sudi employee under subchapter II or V of chapter 84 of title 5, United States Code. "(B) AMOUNT OF SHARE.—The share referred to in subparagraph (A) equals— "(i) 50 percent, if the qualified former spouse was married to the employee throughout the entire period of the employee's service which is creditable under chapter 84 of title 50, United States Code; or

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