§ 2033. Election of survivor benefits for certain former spouses divorced as of November 15, 1982
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/usc/title-50/section-2033A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 participant’s 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 participant’s annuity
(1)Computation The amount of the reduction in the participant’s 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 participant’s annuity, in the case of an election under subsection (b)(1); or
(B)November 15, 1982, in the case of an election under subsection (b)(2).
(Pub. L. 88–643, title II, § 223, as added Pub. L. 102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat. 3216.)
Connections3 cite this · traces to 5
Cited by 3 sections
statute-compilations
11 references not yet in our index
- Pub. L. 88–643, title II, § 223
- Pub. L. 102–496, title VIII, § 802
- 106 Stat. 3216
- section 223 of Pub. L. 88–643
- Pub. L. 97–269, title VI, § 607
- 96 Stat. 1151
- Pub. L. 99–335, title V, § 501(2)
- 100 Stat. 622
- Pub. L. 88–643
- section 802 of Pub. L. 102–496
- section 805 of Pub. L. 102–496
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§ 2033
Election of survivor benefits for certain former spouses divorced as of November 15, 1982
Stat. Comp.×1
Stat.×1
U.S.C.×1
Pub. L.Pub. L. 88–643, title II, § 223
Pub. L.Pub. L. 102–496, title VIII, § 802
Stat.106 Stat. 3216
Pub. L.section 223 of Pub. L. 88–643
Pub. L.Pub. L. 97–269, title VI, § 607
Cites 16 · showing 10Cited by 3 across 3 sources