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22 U.S.C. § 4159 — Survivor benefits for certain former spouses
Federal law — U.S. Code and appendices · legal_authorities
**(a) Eligible participants; election of benefits** Any participant or former participant in the Foreign Service Retirement and Disability System who on February 15, 1981, has 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 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim).
**(b) Time of election**
(1) If the participant or former participant has not retired under such system on or before February 15, 1981, 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 February 15, 1981, an election under this section may be made within such period after February 15, 1981, as the Secretary of State may prescribe.
(3) For purposes of applying subchapter VIII of this chapter, any such election shall be treated the same as if it were a spousal agreement under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4060/b/1&num=0&edition=prelim).
**(c) Portion of annuity as basis for benefits** An election under this section may provide for a survivor benefit 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 survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under [section 4046(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/B&num=0&edition=prelim) prior to the time of retirement for the purpose of allowing an election to b
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Stable record: federal_law:legal_authorities:record_usc_f331e320da1129b07844ff71
Source file: Laws/federal/codes/united-states-code/title-22/section-4159-survivor-benefits-for-certain-former-spouses--ebf7708fdb.md
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Source location: Title 22, Chapter 52, § 4159; chapter-052-foreign-service.md
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**(a) Eligible participants; election of benefits** Any participant or former participant in the Foreign Service Retirement and Disability System who on February 15, 1981, has 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 4054(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4054/b&num=0&edition=prelim).
**(b) Time of election**
(1) If the participant or former participant has not retired under such system on or before February 15, 1981, 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 February 15, 1981, an election under this section may be made within such period after February 15, 1981, as the Secretary of State may prescribe.
(3) For purposes of applying subchapter VIII of this chapter, any such election shall be treated the same as if it were a spousal agreement under [section 4060(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4060/b/1&num=0&edition=prelim).
**(c) Portion of annuity as basis for benefits** An election under this section may provide for a survivor benefit 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 survivor benefits for a spouse or any other former spouse of the participant. The participant and his or her spouse may make an election under [section 4046(b)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/1/B&num=0&edition=prelim) prior to the time of retirement for the purpose of allowing an election to be made under this section.
**(d) Amount of reduction; effective date** The amount of the reduction in the participant’s annuity shall be determined in accordance with [section 4046(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4046/b/2&num=0&edition=prelim). Such reduction shall be effective as of—
(1) the commencing date of the participant’s annuity, in the case of an election under subsection (b)(1), or
(2) February 15, 1981, in the case of an election under subsection (b)(2).
**(e) Definitions** For purposes of this section, the terms “former spouse”, “participant”, and “spousal agreement” have the meanings given such terms in sections 4043 and 4044 of this title.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress finds that—
(1) a career foreign service, characterized by excellence and professionalism, is essential in the national interest to assist the President and the Secretary of State in conducting the foreign affairs of the United States;
(2) the scope and complexity of the foreign affairs of the Nation have heightened the need for a professional foreign service that will serve the foreign affairs interests of the United States in an integrated fashion and that can provide a resource of qualified personnel for the President, the Secretary of State, and the agencies concerned with foreign affairs;
(3) the Foreign Service of the United States, established under the Act of May 24, 1924 (commonly known as the Rogers Act) and continued by the Foreign Service Act of 1946, must be preserved, strengthened, and improved in order to carry out its mission effectively in response to the complex challenges of modern diplomacy and international relations;
(4) the members of the Foreign Service should be representative of the American people, aware of the principles and history of the United States and informed of current concerns and trends in American life, knowledgeable of the affairs, cultures, and languages of other countries, and available to serve in assignments throughout the world; and
(5) the Foreign Service should be operated on the basis of merit principles.
**(b)** The objective of this chapter is to strengthen and improve the Foreign Service of the United States by—
(1) assuring, in accordance with merit principles, admission through impartial and rigorous examination, acquisition of career status only by those who have demonstrated their fitness through successful completion of probationary assignments, effective career development, advancement
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3901
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Federal law — U.S. Code and appendices · legal_authorities
In accordance with such regulations as the President may prescribe, the Secretary of State shall administer the Foreign Service Retirement and Disability System (hereinafter in this part referred to as the “System”), originally established pursuant to section 18 of the Act of May 24, 1924 (43 Stat. 144).
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4041
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Federal law — U.S. Code and appendices · legal_authorities
Page 1557
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4171
may not be retired under section 4008 of this
title until 10 years after February 15, 1981, or
when such individual first becomes eligible for
an immediate annuity under subchapter VIII of
this chapter, whichever occurs first.
(Pub. L. 96–465, title II, § 2106, Oct. 17, 1980, 94
Stat. 2151.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’, meaning Pub. L. 96–465, Oct. 17,
1980, 94 Stat. 2071, known as the Foreign Service Act of
1980, which is classified principally to this chapter. For
complete classification of this Act to the Code, see
Short Title note set out under section 3901 of this title
and Tables.
Section 633(a)(2) of the Foreign Service Act of 1946,
referred to in subsec. (e)(2), which was classified to sec-
tion 1003(a)(2) of this title, was repealed by Pub. L.
96–465, title II, § 2205(1), Oct. 17, 1980, 94 Stat. 2159.
CODIFICATION
In subsecs. (d) and (e), ‘‘February 15, 1981’’ substituted
for ‘‘the effective date of this Act’’ pursuant to section
2403 of Pub. L. 96–465, set out as an Effective Date note
under section 3901 of this title.
§ 4157. Regulations
Under the direction of the President, the Sec-
retary shall prescribe regulations for the imple-
mentation of this subchapter.
(Pub. L. 96–465, title II, § 2107, Oct. 17, 1980, 94
Stat. 2152.)
Executive Documents
DELEGATION OF FUNCTIONS
Authority of President under this section to extent
necessary to implement provisions of section 4151 of
this title, relating to pay and benefits pending conver-
sion, delegated to Secretary of State, see section 5 of
Ex. Ord. No. 12293, Feb. 23, 1981, 46 F.R. 13969, set out as
a note under section 3901 of this title.
§ 4
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4159
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