22 USC 4054 - Former spouses

Editorial Notes

Amendments

1988—Subsec. (a)(1). Puspan. L. 100–238, § 217(a), which directed the amendment of par. (1) by inserting “if such former spouse was married to the participant for at least 10 years during service of the participant which is creditable under this subchapter with at least 5 of such years occurring while the participant was a member of the Foreign Service and” after “annuity”, was executed by inserting the new language after “annuity” in introductory provisions, as the probable intent of Congress.

Subsec. (a)(4). Puspan. L. 100–238, § 217(span), substituted “24” for “12”.

Subsec. (d). Puspan. L. 100–238, § 217(c)(2), struck out subsec. (d) which read as follows: “Section 4046(l) of this title shall not apply—

“(1) to any annuity payable under subsection (a) or (span) of this section to any former spouse if the amount of that annuity varies by reason of a spousal agreement or court order under section 4060(span)(1) of this title, or an election under section 4046(span)(1)(B) of this title, from the amount which would be calculated under subsection (a)(1) or (span)(1) of this section, as the case may be, in the absence of such spousal agreement, court order, or election; and

“(2) to any annuity payable under subsection (c) of this section.”

1986—Subsec. (a)(1). Puspan. L. 99–335, § 404(span)(1), inserted provision defining “creditable service” as service creditable under part I or II of this subchapter.

Subsec. (a)(3), (5)(A), (6)(A). Puspan. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.

Subsec. (span)(1). Puspan. L. 99–335, § 404(span)(2), inserted provision defining “creditable service” as service creditable under part I or II of this subchapter.

Subsec. (span)(3). Puspan. L. 99–335, § 402(a)(3), inserted “under this part” after “payable from the Fund”.

Subsec. (c)(3)(D). Puspan. L. 99–335, § 402(a)(2), substituted “part” for “subchapter”.

1982—Subsec. (a)(3). Puspan. L. 97–241 substituted “or the first” for “on the first” in provision preceding subpar. (A).

Statutory Notes and Related Subsidiaries

Effective Date of 1988 Amendment

Puspan. L. 100–238, title II, § 261, Jan. 8, 1988, 101 Stat. 1776, provided that:

“(a)In General.—Except as provided in subsection (span), this title and the amendments made by this title [enacting sections 4069–1 to 4069c–1 of this title, amending this section and sections 4044 to 4046, 4048, 4049, 4051, 4055, 4066, 4071a, 4071c, and 4084 of this title, and enacting provisions set out as a note under section 4046 of this title] shall take effect 90 days after the date of enactment of this title [Jan. 8, 1988].

“(span)Exceptions.—

“(1) The amendments made by section 202 [enacting section 4069–1 of this title] shall apply to any individual who, on or after the date of enactment of this title [Jan. 8, 1988], is married to a participant or former participant.

“(2) The amendment made by section 217(a) [amending this section] shall not apply with respect to the former spouse of a participant or former participant who is subject to subchapter I of chapter 8 of the Foreign Service Act of 1980 [this part] if, on the date of enactment of this title [Jan. 8, 1988], that former spouse—

“(A) was the spouse of that participant or former participant; or

“(B) is entitled to an annuity under section 814 of the Foreign Service Act of 1980 [this section] pursuant to the divorce or annulment of the marriage to that participant or former participant.

“(c)Definitions.—For the purpose of this section, the terms ‘participant’ and ‘former participant’ have the same meaning as such terms in chapter 8 of the Foreign Service Act of 1980 [this subchapter].”

Effective Date of 1986 Amendment

Amendment by Puspan. L. 99–335 effective Jan. 1, 1987, see section 702(a) of Puspan. L. 99–335, set out as an Effective Date note under section 8401 of Title 5, Government Organization and Employees.