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50 U.S.C. § 2034 — Survivor annuity for certain other former spouses
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
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Source file: Laws/federal/codes/united-states-code/title-50/section-2034-survivor-annuity-for-certain-other-former-spouses--f2be8ec84f.md
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Source location: Title 50, Chapter 38, § 2034; chapter-038-central-intelligence-agency-retirement-and-disability.md
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**(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 retired participant who is deceased as of October 1, 1986, beginning on the later of—
(i) the 60th day after such date; or
(ii) the date on which the former spouse reaches age 50; and
(B) in the case of any other former spouse, beginning on the latest of—
(i) the date on which the participant or retired participant to whom the former spouse was married dies;
(ii) the 60th day after October 1, 1986; or
(iii) the date on which the former spouse attains age 50.
(2) **Termination of annuity** — The entitlement of a former spouse to a survivor annuity under this section terminates on the last day of the month before the former spouse’s death or remarriage before attaining age 55. The entitlement of a former spouse to such a survivor annuity shall be restored on the date such remarriage is dissolved by death, annulment, or divorce.
**(d) Application**
(1) **Time limit; waiver** — A survivor 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. Any such application shall be submitted not later than April 1, 1989. 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.
(2) **Retroactive benefits** — Upon approval of an application provided under paragraph (1), the appropriate survivor annuity shall be payable to the former spouse with respect to all periods before such approval during which the former spouse was entitled to such annuity under this section, but in no event shall a survivor annuity be payable under this section with respect to any period before October 1, 1986.
**(e) Restoration of annuity** Notwithstanding subsection (d)(1), the deadline by which an application for a survivor annuity must be submitted shall not apply in cases in which a former spouse’s entitlement to such a survivor annuity is restored under subsection (b)(1) or (c)(2).
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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
**(a) Authority for alternative form of annuity** The Director shall prescribe regulations under which any participant who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under [section 2051 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2051&num=0&edition=prelim)), elect annuity benefits under this section instead of any other benefits under this subchapter (including any survivor benefits under this subchapter) based on the service of the participant creditable under this subchapter.
**(b) Basis for alternative forms of annuity** The regulations and alternative forms of annuity shall, to the maximum extent practicable, meet the requirements prescribed in [section 8343a of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8343a&num=0&edition=prelim).
**(c) Lump-sum credit** Any lump-sum credit provided pursuant to an election under subsection (a) shall not preclude an individual from receiving other benefits provided under that subsection.
**(d) Submission of regulations to congressional intelligence committees** The Director shall submit the regulations prescribed under subsection (a) to the congressional intelligence committees before the regulations take effect.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2143
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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
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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) Return of contributions when no annuity payable** If a participant dies and no claim for an annuity is payable under this subchapter, the participant’s lump-sum credit and any voluntary contributions made under [section 2121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2121&num=0&edition=prelim), with interest, shall be paid in the order of precedence shown in [section 2071(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2071/c&num=0&edition=prelim).
**(b) Survivor annuity for surviving spouse or former spouse**
(1) **In general** — If a participant dies before separation or retirement from the Agency and is survived by a spouse or by a former spouse qualifying for a survivor annuity under [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim), such surviving spouse shall be entitled to an annuity equal to 55 percent of the annuity computed in accordance with paragraphs (2) and (3) of this subsection and [section 2031(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2031/a&num=0&edition=prelim), and any such surviving former spouse shall be entitled to an annuity computed in accordance with [section 2032(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2032/b&num=0&edition=prelim) and paragraph (2) of this subsection as if the participant died after being entitled to an annuity under this subchapter. The annuity of such surviving spouse or former spouse shall commence on the day after the participant dies and shall terminate on the last day of the month before the death or remarriage before attaining ag
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2052
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Federal law — U.S. Code and appendices · legal_authorities
Page 344
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2034
former spouse of the participant. The partici-
pant 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 sec-
tion.
(d) Reduction in participant’s annuity
(1) Computation
The amount of the reduction in the partici-
pant’s annuity shall be determined in accord-
ance 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 partici-
pant’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.)
Editorial Notes
PRIOR PROVISIONS
A prior section 223 of Pub. L. 88–643, as added Pub. L.
97–269, title VI, § 607, Sept. 27, 1982, 96 Stat. 1151; amend-
ed Pub. L. 99–335, title V, § 501(2), June 6, 1986, 100 Stat.
622, related to election of survivor benefits for certain
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.
Statutory Notes and Related Subsidiaries
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.
§ 2034. Survivor annuity for certain other former
spouses
(a) Survivor annuity
(1) In general
An individual who was a former spouse of a
participant or retired participant on Novem-
ber 15, 1982, shall be entitled, except to the ex-
tent such former spouse is d
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2034
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