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50 U.S.C. § 2036 — Survivor annuities for previous spouses
Federal law — U.S. Code and appendices · legal_authorities
The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in [section 8331(23) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/23&num=0&edition=prelim)) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984.
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Stable record: federal_law:legal_authorities:record_usc_6ef83eda096b892661f9672f
Source file: Laws/federal/codes/united-states-code/title-50/section-2036-survivor-annuities-for-previous-spouses--acdda36f1d.md
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Source location: Title 50, Chapter 38, § 2036; chapter-038-central-intelligence-agency-retirement-and-disability.md
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The Director shall prescribe regulations under which a previous spouse who is divorced after September 29, 1988, from a participant, former participant, or retired participant shall be eligible for a survivor annuity to the same extent and, to the greatest extent practicable, under the same conditions (including reductions to be made in the annuity of the participant) applicable to former spouses (as defined in [section 8331(23) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/23&num=0&edition=prelim)) of participants in the Civil Service Retirement and Disability System (CSRS) as prescribed by the Civil Service Retirement Spouse Equity Act of 1984.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 402b, comprising section 902 of the Counterintelligence Enhancement Act of 2002, Pub. L. 107–306, title IX, and also of the Intelligence Authorization Act for Fiscal Year 2003, Pub. L. 107–306, was editorially reclassified as [section 3382 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3382&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 403
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim);
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by [section 2107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2107&num=0&edition=prelim) (other than the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under [section 590h(b) of title 16](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b&num=0&edition=prelim);
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (72 Stat. 838);
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8331
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Federal law — U.S. Code and appendices · legal_authorities
When used in this chapter:
(1) **Agency** — The term “Agency” means the Central Intelligence Agency.
(2) **Director** — The term “Director” means the Director of the Central Intelligence Agency.
(3) **Qualifying service** — The term “qualifying service” means service determined by the Director to have been performed in carrying out duties described in [section 2013 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2013&num=0&edition=prelim).
(4) **Fund balance** — The term “fund balance” means the sum of—
(A) the investments of the fund calculated at par value; and
(B) the cash balance of the fund on the books of the Treasury.
(5) **Unfunded liability** — The term “unfunded liability” means the estimated amount by which—
(A) the present value of all benefits payable from the fund exceeds
(B) the sum of—
(i) the present value of deductions to be withheld from the future basic pay of participants subject to subchapter II and of future Agency contributions to be made on the behalf of such participants;
(ii) the present value of Government payments to the fund under sections 2091(c) and 2091(d) of this title; and
(iii) the fund balance as of the date on which the unfunded liability is determined.
(6) **Normal cost** — The term “normal cost” means the level percentage of payroll required to be deposited in the fund to meet the cost of benefits payable under the system (computed in accordance with generally accepted actuarial practice on an entry-age basis) less the value of retirement benefits earned under another retirement system for government employees and less the cost of credit allowed for military service.
(7) **Lump-sum credit** — The term “lump-sum credit” means the unrefunded amount consisti
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2001
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annuity of participant**
(1) **Computation of annuity** — The annuity of a participant is the product of—
(A) the participant’s high-3 average pay (as defined in paragraph (4)); and
(B) the number of years, not exceeding 35, of service credit (determined in accordance with sections 2081 and 2082 of this title) multiplied by 2 percent.
(2) **Credit for unused sick leave** — The total service of a participant who retires on an immediate annuity (except under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year limitation prescribed in paragraph (1)) the days of unused sick leave to the credit of the participant. Days of unused sick leave may not be counted in determining average basic pay or eligibility for an annuity under this subchapter. A deposit shall not be required for days of unused sick leave credited under this paragraph.
(3) **Crediting of part-time service**
(A) *In general* — In the case of a participant whose service includes service on a part-time basis performed after April 6, 1986, the participant’s annuity shall be the sum of the amounts determined under subparagraphs (B) and (C).
(B) *Computation of pre-April 7, 1986, annuity* — The portion of an annuity referred to in subparagraph (A) with respect to service before April 7, 1986, shall be the amount computed under paragraph (1) using the participant’s length of service before that date (increased by the unused sick leave to the credit of the participant at the time of retirement) and the participant’s high-3 average pay, as determined by using the annual rate of basic pay that would be payable
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2031
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Former spouse share of participant’s annuity**
(1) **Pro rata share** — Unless otherwise expressly provided by a spousal agreement or court order under [section 2094(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim), a former spouse of a participant, former participant, or retired participant is entitled to an annuity—
(A) if married to the participant, former participant, or retired participant throughout the creditable service of the participant, equal to 50 percent of the annuity of the participant; or
(B) if not married to the participant throughout such creditable service, equal to that proportion of 50 percent of such annuity that is the proportion that the number of days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this subchapter bears to the total number of days of such creditable service.
(2) **Disqualification upon remarriage before age 55** — A former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former spouse remarries before becoming 55 years of age.
(3) **Commencement of annuity** — The annuity of a former spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled to an annuity under this subchapter or on the first day of the month after the divorce or annulment involved becomes final, whichever is later.
(4) **Termination of annuity** — The annuity of such former spouse and the right thereto terminate on—
(A) the last day of the month before the month in which the former spouse dies or remarries before 55 years of age; or
(B) the date on which the annuity of the pa
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2032
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Entitlement to lump-sum credit** Subject to [section 2082(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2082/d&num=0&edition=prelim) and subsection (b) of this section, a participant who—
(1) is separated from the Agency for at least 31 consecutive days and is not transferred to employment covered by another retirement system for Government employees;
(2) files an application with the Director for payment of the lump-sum credit;
(3) is not reemployed in a position in which the participant is subject to this subchapter at the time the participant files the application; and
(4) will not become eligible to receive an annuity under this subchapter within 31 days after filing the application,
is entitled to be paid the lump-sum credit. Receipt of the payment of the lump-sum credit by the former participant voids all annuity rights under this subchapter based on the service on which the lump-sum credit is based, until the former participant is reemployed in service subject to this subchapter.
**(b) Conditions for payment of lump-sum credit**
(1) **In general** — Whenever a former participant becomes entitled to receive payment of the lump-sum credit under subsection (a), such lump-sum credit shall be paid to the former participant and to any former spouse or former wife or husband of the former participant in accordance with paragraphs (2) through (4). The former participant’s lump-sum credit shall be reduced by the amount of the lump-sum credit payable to any former spouse or former wife or husband.
(2) **Pro rata share for former spouse** — Unless otherwise expressly provided by any spousal agreement or court order under [section 2094(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-t
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2071
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Federal law — U.S. Code and appendices · legal_authorities
Page 346
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2036
in cases in which a former spouse’s entitlement
to such annuity is restored under subsection
(b)(1) or (c)(1)(B).
(e) 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 partici-
pant or former participant under this sub-
chapter.
(Pub. L. 88–643, title II, § 225, as added Pub. L.
102–496, title VIII, § 802, Oct. 24, 1992, 106 Stat.
3218; amended Pub. L. 103–178, title II, § 202(a)(7),
Dec. 3, 1993, 107 Stat. 2026.)
Editorial Notes
PRIOR PROVISIONS
A prior section 225 of Pub. L. 88–643, as added Pub. L.
100–178, title IV, § 401(a), Dec. 2, 1987, 101 Stat. 1012;
amended Pub. L. 100–453, title III, § 302(c)(1), Sept. 29,
1988, 102 Stat. 1907; Pub. L. 102–88, title III, § 307(b), Aug.
14, 1991, 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), sub-
stituted ‘‘any survivor annuity’’ for ‘‘any other annu-
ity’’.
Subsec. (c)(4)(A). Pub. L. 103–178, § 202(a)(7)(B), sub-
stituted ‘‘June 2, 1990’’ for ‘‘June 2, 1991’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1993 AMENDMENT
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.
EFFECTIVE DATE
Section effective on first day of fourth month begin-
ning after Oct. 24, 1992, see section 805 of Pub. L.
102–496, set out as a note under section 2001 of this title.
§ 2036. Survivor annuities for previous spouses
The Directo
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2036
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