50-U.S.C.-2033
§2033 – Election of Survivor Benefits For Certain Former Spouses Divorced As of November 15, 1982
Pathway
Title 50 > Chapter 38 > Subchapter II > Part C > Section 2033
Details
- Reference: Section 2033
- Legend: §2033 – Election of Survivor Benefits For Certain Former Spouses Divorced As of November 15, 1982
- USCode Year: 2012
Provision Content
(a) Former spouses as of November 15, 1982
A participant, former participant, or retired participant in the system who on November 15, 1982, had a former spouse may, by a spousal agreement, elect to receive a reduced annuity and provide a survivor annuity for such former spouse under section 2032(b) of this title.
(b) Time for making election
(1) If the participant or former participant has not retired under such system on or before November 15, 1982, an election under this section may be made at any time before retirement.
(2) If the participant or former participant has retired under such system on or before November 15, 1982, an election under this section may be made within such period after November 15, 1982, as the Director may prescribe.
(3) For the purposes of applying this subchapter, any such election shall be treated in the same manner as if it were a spousal agreement under section 2094(b) of this title.
(c) Base for annuity
An election under this section may provide for a survivor annuity based on all or any portion of that part of the annuity of the participant which is not designated or committed as a base for a survivor annuity for a spouse or any other former spouse of the participant. The participant and the participants spouse may make an election under section 2031(b)(1)(B) of this title before the time of retirement for the purpose of allowing an election to be made under this section.
(d) Reduction in participants annuity
(1) Computation
The amount of the reduction in the participants annuity shall be determined in accordance with section 2031(b)(2) of this title.
(2) Effective date of reduction
Such reduction shall be effective as of—
(A) the commencing date of the participants annuity, in the case of an election under subsection (b)(1) of this section; or
(B) November 15, 1982, in the case of an election under subsection (b)(2) of this section.
(Pub. L. 88–643, title II, §223, as added Pub. L. 102–496, title VIII, §802, Oct. 24, 1992, 106 Stat. 3216.)
Prior Provisions
A prior section 223 of Pub. L. 88–643, as added Pub. L. 97–269, title VI, §607, Sept. 27, 1982, 96 Stat. 1151; amended Pub. L. 99–335, title V, §501(2), June 6, 1986, 100 Stat. 622, related to election of survivor benefits for certain former spouses and was set out as a note under section 403 of this title prior to the general amendment of Pub. L. 88–643 by section 802 of Pub. L. 102–496.
U.S. Encyclopedia of Law Coverage
50-U.S.C.-1910 in the Legal Encyclopedia: National Defense
In this entry about 50-U.S.C.-1910, find legal reference material, bibliographies and premiere content related to national defense in the American Encyclopedia of Law, presenting a comprehensive view of the United States national defense-specific issues, written by authorities in the field.
10-U.S.C.-1461 in the Legal Encyclopedia: Retirement
In this entry about 10-U.S.C.-1461, find legal reference material, bibliographies and premiere content related to retirement in the American Encyclopedia of Law, presenting a comprehensive view of the United States retirement-specific issues, written by authorities in the field.
Title 50 – War And National Defense in the Legal Encyclopedia: Disability
In this entry about Title 50 – War And National Defense, find legal reference material, bibliographies and premiere content related to disability in the American Encyclopedia of Law, presenting a comprehensive view of the United States disability-specific issues, written by authorities in the field.
Leave a Reply