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Code · CFR · Title 22 — Foreign Relations · Part 19 — Benefits for Spouses and Former Spouses of Participants in the Foreign Service Retirement and Disability System · § 19.7-2

§ 19.7-2. Agreement with spouse.

242 words·~1 min read·/us/cfr/t22/s§ 19.7-2·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A spousal agreement between a participant and a spouse may waive or fix the level of a regular survivor annuity under § 19.11-3. If an agreement is filed, it will assure the spouse that the agreed-upon level of survivor annuity will be paid, irrespective of a future divorce provided the survivor meets the definition of "former spouse" in § 19.2(k). If an agreement is not filed, the participant's annuity will be reduced under § 19.10-2 to provide the maximum regular survivor annuity for the spouse, but in the event of a future divorce if the spouse meets the definition of "former spouse," that person will be entitled only to a pro rata share of the survivor annuity. An agreement under this paragraph may be filed with PER/ER/RET at any time prior to retirement (commencement of the principal's annuity).
(b)A spousal agreement between an annuitant and a spouse filed with PER/ER/RET before commencement of a supplemental annuity for recall service may waive a supplemental survivor annuity that would otherwise be provided for a spouse under § 19.10-6.
(c)A spousal agreement between a participant or former participant and a spouse may be filed with PER/ER/RET at any time in accordance with § 19.10-5 and provide for an additional survivor annuity for the spouse.
(d)A spousal agreement filed under paragraph (a), (b), or
(c)remains valid and binding in the event of divorce if the spouse qualifies as a former spouse.
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