Title 50 — War and National Defense
Part C · Chapter 38 — Central Intelligence Agency Retirement and Disability
§ 2035. Retirement annuity for certain former spouses
Statutory text
Retirement annuity
An individual who was a former spouse of a participant, former participant, or retired participant on , and any former spouse divorced after , from a participant or former participant who retired before , shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to an annuity—
if married to the participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
if not married to the participant throughout such creditable service, equal to that former spouse’s pro rata share of 50 percent of such annuity.
Limitations
A former spouse is not entitled to an annuity under this section if—
the former spouse remarries before age 55, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
the former spouse is less than 50 years of age.
Commencement and termination
Retirement annuities
The entitlement of a former spouse to an annuity under this section—
shall commence on the later of—
the day the participant upon whose service the right to the annuity is based becomes entitled to an annuity under this subchapter;
the first day of the month in which the divorce or annulment involved becomes final; or
such former spouse’s 50th birthday; and
shall terminate on the earlier of—
the last day of the month before the former spouse dies or remarries before 55 years of age, except that the entitlement of the former spouse to an annuity under this section shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
the date on which the annuity of the participant terminates.
Disability annuities
Notwithstanding paragraph (1)(A)(i), in the case of a former spouse of a disability annuitant—
the annuity of the former spouse shall commence on the date on which the participant would qualify on the basis of the participant’s creditable service for an annuity under this subchapter (other than disability annuity) or the date the disability annuity begins, whichever is later; and
the amount of the annuity of the former spouse shall be calculated on the basis of the annuity for which the participant would otherwise so qualify.
Election of benefits
A former spouse of a participant or retired participant shall not become entitled under this section to an annuity or to the restoration of an annuity payable from the fund unless the former spouse elects to receive it instead of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other than the participant.
Application
Time limit; waiver
An annuity under this section shall not be payable unless appropriate written application is provided to the Director, complete with any supporting documentation which the Director may by regulation require, not later than . The Director may waive the application deadline under the preceding sentence in any case in which the Director determines that the circumstances warrant such a waiver.
Retroactive benefits
Upon approval of an application under subparagraph (A), the appropriate annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to an annuity under this section, but in no event shall an annuity be payable under this section with respect to any period before .
Restoration of annuities
Notwithstanding subsection (c)(4)(A), the deadline by which an application for a retirement annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such annuity is restored under subsection (b)(1) or (c)(1)(B).
Savings provision
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 subchapter.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 88–643 title II § 225 · 78 Stat. 1043
Enacted · 50 U.S.C. § 2035
Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218
Source evidence
Code source credit
Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3218Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 § 202(a)(7)(A) · 107 Stat. 2024
Substituted · 50 U.S.C. § 2035(c)(3)
Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”.Enacted provision · exact public law section
(A) by striking “other” the first place it appears in paragraph (3) and inserting in lieu thereof “survivor”; andEffective date note
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.Intelligence Authorization Act for Fiscal Year 1994
Pub. L. 103–178 § 202(a)(7)(B) · 107 Stat. 2024
Substituted · 50 U.S.C. § 2035(c)(4)(A)
Pub. L. 103–178, § 202(a)(7)(B), substituted “June 2, 1990” for “June 2, 1991”
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), substituted “June 2, 1990” for “June 2, 1991”.Enacted provision · exact public law section
(B) by striking “1991” in paragraph (4)(A) and inserting in lieu thereof “1990”;Effective date note
Amendment by Pub. L. 103–178 effective Feb. 1, 1993, see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
2 of 3 references resolved to an enrolled provision · 1 partial
Editorial Notes
Prior Provisions
A prior section 225 of Pub. L. 88–643, as added Pub. L. 100–178, title IV, § 401(a), , 101 Stat. 1012; amended Pub. L. 100–453, title III, § 302(c)(1), , 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), , 105 Stat. 433, related to retirement benefits for certain other 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.
Amendments
1993—Subsec. (c)(3). Pub. L. 103–178, § 202(a)(7)(A), substituted “any survivor annuity” for “any other annuity”.
Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), substituted “” for “”.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–178 effective , see section 202(b) of Pub. L. 103–178, set out as a note under section 2001 of this title.
Effective Date
Section effective on first day of fourth month beginning after , see section 805 of Pub. L. 102–496, set out as a note under section 2001 of this title.
Credits
1992–1993 · 2 acts
- 1992Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3218
- 1993amended Pub. L. 103–178, title II, § 202(a)(7), , 107 Stat. 2026.
Show as published
(Pub. L. 88–643, title II, § 225, as added Pub. L. 102–496, title VIII, § 802, , 106 Stat. 3218; amended Pub. L. 103–178, title II, § 202(a)(7), , 107 Stat. 2026.)