Browse Arkansas Code titles and sections
50 U.S.C. § 2033 — Election of survivor benefits for certain former spouses divorced as of November 15, 1982
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/b/1/B&num=0&edition=prelim) before the time of retirement for the purpose of allowing an election to be made under this section.
**(d) Reduction in partici
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2033
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: d5cc1d3822abab9a3bd9ab3b8b7113f59e9d6d28fb94bf13237fb4df3efb1886. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_6fd0ffdd443aa8904f4f6dbe
Source file: Laws/federal/codes/united-states-code/title-50/section-2033-election-of-survivor-benefits-for-certain-former-spouses-divorced-as-of--24ff713ce8.md
Pages: Not recorded – Not recorded
Passage SHA-256: f8e3e21a80cbf5adada9af90a3423da69c5fef1610f33f2ecd5b5088e888e5ad
Source location: Title 50, Chapter 38, § 2033; chapter-038-central-intelligence-agency-retirement-and-disability.md
Stored source 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2094/b&num=0&edition=prelim).
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/b/1/B&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/b/2&num=0&edition=prelim).
(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).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
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
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Survivor annuity**
(1) **In general** — An individual who was a former spouse of a participant or retired participant on November 15, 1982, shall be entitled, except to the extent such former spouse is disqualified under subsection (b), to a survivor annuity equal to 55 percent of the greater of—
(A) the unreduced amount of the participant’s or retired participant’s annuity, as computed under [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim); or
(B) the unreduced amount of what such annuity as so computed would be if the participant, former participant, or retired participant had not elected payment of the lump-sum credit under [section 2143 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2143&num=0&edition=prelim).
(2) **Reduction in survivor annuity** — A survivor annuity payable under this section shall be reduced by an amount equal to any survivor annuity payments made to the former spouse under [section 2033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2033&num=0&edition=prelim).
**(b) Limitations** A former spouse is not entitled to a survivor annuity under this section if—
(1) the former spouse remarries before age 55, except that the entitlement of the former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce; or
(2) the former spouse is less than 50 years of age.
**(c) Commencement and termination of annuity**
(1) **Commencement of annuity** — The entitlement of a former spouse to a survivor annuity under this section shall commence—
(A) in the case of a former spouse of a participant or retire
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2034
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 343
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2033
‘‘(i) shall commence on the later of—
‘‘(I) October 1, 1994;
‘‘(II) the day the participant upon whose serv-
ice the right to the annuity is based becomes
entitled to an annuity under such Act [probably
means Central Intelligence Agency Retirement
Act, 50 U.S.C. 2001 et seq.]; or
‘‘(III) such former wife’s or husband’s 50th
birthday; and
‘‘(ii) shall terminate on the earlier of—
‘‘(I) the last day of the month before the
former wife or husband dies or remarries before
55 years of age, except that the entitlement of
the former wife or husband to an annuity under
this subsection shall be restored on the date
such remarriage is dissolved by death, annul-
ment, or divorce; or
‘‘(II) the date on which the annuity of the par-
ticipant terminates.
‘‘(B) DISABILITY ANNUITIES.—Notwithstanding sub-
paragraph (A)(i)(II), in the case of a former wife or
husband of a disability annuitant—
‘‘(i) the annuity of the former wife or husband
shall commence on the date on which the partici-
pant would qualify on the basis of the partici-
pant’s creditable service for an annuity under the
Central Intelligence Agency Retirement Act [50
U.S.C. 2001 et seq.] (other than a disability annu-
ity) or the date the disability annuity begins,
whichever is later; and
‘‘(ii) the amount of the annuity of the former
wife or husband shall be calculated on the basis of
the annuity for which the participant would oth-
erwise so qualify.
‘‘(C) ELECTION
OF
BENEFITS.—A former wife or
husband of a participant or retired participant shall
not become entitled under this subsection to an an-
nuity or to the restoration of an annuity unless the
former wife or husband elects to receive it instead
of any survivor annuity to which the former
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2033
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.